214610-1:n:07/09/2021:AHP*/cmg LSA2021-1618




HB16
By Representatives Hanes, Sorrell and Mooney
RFD Judiciary
Rd 1 11-JAN-22


SYNOPSIS:This bill would provide a private right of action against an employer for any adverse reaction, injury, temporary or permanent disability, or death of an employee arising from an employer mandate that the employee receive a COVID-19 vaccine.

A BILL
TO BE ENTITLED
AN ACT

Relating to vaccines; to provide a private right of action against an employer for certain injuries or death resulting from an employer-mandated COVID-19 vaccination of an employee.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For the purposes of this section, the following terms have the following meanings:

(1) COVID-19. The virus for which the Governor declared a public health emergency on March 13, 2020, or any mutation thereof that results in an epidemic of which a public health state of emergency is declared under the Alabama Emergency Management Act of 1955.

(2) EMPLOYEE. An individual who is employed by an employer.

(3) EMPLOYER. A person in this state that, at any time, employs an individual or individuals who reside in this state to perform services of any nature. The term includes any individual who has control of the payment of wages for services or is the officer, agent, or employee of the individual having control of the payment of wages.

(b) An employee shall have a private right of action against an employer for any damages caused by an adverse reaction, injury, or temporary or permanent disability arising from an employer mandate that he or she receive a vaccination for COVID-19.

(c) Dependents of an employee shall have a private right of action against an employer for the death of the employee arising from an employer mandate that he or she receive a vaccination for COVID-19.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Coronavirus
Vaccines
Health
Employers