2013 - 2014 LEGISLATURE
June 17, 2013 - Introduced by Representatives Thiesfeldt, Severson,
Larson, Bernier, Schraa, Kestell and Nass, cosponsored by Senator
Grothman. Referred to Committee on Health.
1An Act to create
252.22 of the statutes; relating to: limitations on requiring
2and requesting vaccination against influenza.
Analysis by the Legislative Reference Bureau
This bill prohibits any employer, including the state and local governments,
from demoting, suspending, discharging, or otherwise discriminating against an
employee or contractor for refusing to be vaccinated against seasonal influenza. An
employee, under the bill, includes any intern and any volunteer. The bill also
prohibits any employer from doing any of the following: refusing to hire a prospective
employee or renew the contract of an employee or contractor on the basis of
vaccination status for seasonal influenza or refusal to be vaccinated against seasonal
influenza; requiring any employee or contractor to receive a vaccination against
seasonal influenza if the employee or contractor declines in writing after receiving
certain information; requiring unvaccinated employees or contractors to wear masks
in retaliation for refusing the influenza vaccination; or requiring employees or
contractors in a health care setting to wear masks in a manner that exceeds a certain
requirement. If the employer requests that any of its employees or contractors be
vaccinated against seasonal influenza, that employer must provide, or arrange for,
the vaccination at no cost to those employees or contractors.
Under the bill, an employer that requests employees or contractors to be
vaccinated against seasonal influenza must provide, in writing, a statement of the
risks and benefits to an individual of receiving that vaccine and a statement that the
employee or contractor has the right to refuse the seasonal influenza vaccine for any
reason without risk of discrimination for that refusal. The employer must provide
the employee or contractor a reasonable time to review these statements before
providing or arranging for seasonal influenza vaccination. An employee or
contractor who has received these statements may decline the vaccination, in
writing, for any reason and the employer may not require that employee or
contractor to receive the vaccination. An employer may provide the vaccine
information statements about the applicable form of seasonal influenza vaccine that
is created by the federal Centers for Disease Control and Prevention and this
satisfies the requirement to provide the statements.
Under the bill, an employer is allowed to request or require an employee, or
contractor, who is showing symptoms of seasonal influenza to leave the place of
employment while ill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
252.22 of the statutes is created to read:
2252.22 Influenza vaccination. (1) Definitions.
In this section:
(a) "Employee" includes any intern and any volunteer, regardless whether the 4
individual is compensated.
(b) "Employer" means any person, firm, corporation, state, county, town, city, 6
village, school district, sewer district, drainage district, long-term care district, or 7
other public or quasi-public corporations as well as any agent, manager, 8
representative, or other person having control or custody of any employment or place 9
of employment or of any employee.
10(2) Prohibitions on employers.
No employer may do any of the following:
(a) Demote, suspend, discharge, or otherwise discriminate against an employee 12
or contractor for refusing to be vaccinated against seasonal influenza.
(b) Refuse to hire a prospective employee, or renew the contract of an employee 14
or contractor, on the basis of vaccination status for seasonal influenza or refusal to 15
be vaccinated against seasonal influenza.
(c) Require any employee or contractor to receive a vaccination against 2
seasonal influenza, if that employee or contractor declines the vaccination for any 3
reason in writing after receiving the information described in sub. (3).
(d) Require employees, or contractors, who are not vaccinated against seasonal 5
influenza to wear masks in retaliation for refusing the vaccination against influenza 6
or require employees or contractors in a health care setting to wear masks in a 7
manner that exceeds a requirement for an individual to wear a mask upon entry into 8
the room of a patient who has, or is suspected to have, influenza.
9(3) Information; right to refuse.
(a) An employer that requests that any of 10
its employees or contractors be vaccinated against seasonal influenza shall provide 11
in writing to those employees and contractors all of the following:
1. A statement of the risks and benefits to an individual of receiving the 13
seasonal influenza vaccine.
2. A statement that the employee or contractor has the right to refuse the 15
seasonal influenza vaccination for any reason without risk of discrimination for that 16
(b) An employer that provides the statements under par. (a) shall provide the 18
employee or contractor a reasonable time to review those statements before 19
providing or arranging for vaccination for seasonal influenza.
(c) To satisfy the requirement for a statement under par. (a) 1., an employer may 21
provide a vaccine information statement about the applicable form of seasonal 22
influenza vaccine that is created by the centers for disease control and prevention 23
division of the federal department of health and human services.
1(4) Ill employees.
An employer may request or require an employee, or 2
contractor, who is showing symptoms of seasonal influenza to leave the place of 3
employment while ill.
4(5) Providing vaccine.
An employer that requests that any of its employees or 5
contractors be vaccinated against seasonal influenza shall provide or arrange for 6
vaccination against seasonal influenza at no cost to those employees or contractors.