Insights

Employment Practices Related to a Vaccine Requirement


Effective January 18, 2022, HB 335 restricts employment practices related to a vaccine requirement. If an employer requires employees to be vaccinated as a condition of employment, the employer must provide employees an exemption if: they certify that COVID-19 immunization is medically inadvisable, they have COVID-19 antibodies or they possess religious beliefs that prevent them from receiving COVID-19 immunization.

Importantly, if an employer is going to be subject to the federal requirement for private employers with 100 or more employees, that employer would have a conflict with state law for West Virginia employees who sought an exemption based solely on having COVID-19 antibodies. Under the federal requirement, employees are only provided the choice of vaccination or weekly testing. Given the conflict between state and federal law, employers are encouraged to seek outside counsel on this issue. 

HB 335 »