Indiana 2025 Regular Session

Indiana House Bill HB1338 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1338
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-4-15-1; IC 22-5-4.6; IC 22-5-9.
7	7	Synopsis: Employment and vaccinations. Provides that an employer
8	8	may require an immunization only if the employer respects the
9	9	employee's right to refuse an immunization. Provides that an employee
10	10	shall be free from coercion or an adverse action based on the
11	11	employee's refusal of an immunization. Requires an employer that
12	12	offers an immunization at no cost to an employee to provide certain
13	13	notice to the employee. Provides that a violation may be reported to the
14	14	department of labor (department). Requires the department to impose
15	15	a civil penalty of $5,000 per incident. Allows an employee to bring a
16	16	civil action against an employer to enforce the provisions. Repeals
17	17	provisions concerning exemptions from COVID-19 immunization
18	18	requirements. Makes a corresponding change.
19	19	Effective: Upon passage.
20	20	Borders
21	21	January 13, 2025, read first time and referred to Committee on Employment, Labor and
22	22	Pensions.
23	23	2025 IN 1338—LS 7394/DI 141 Introduced
24	24	First Regular Session of the 124th General Assembly (2025)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2024 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1338
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning labor
36	36	and safety.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 22-4-15-1, AS AMENDED BY P.L.117-2023,
39	39	2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40	40	3 UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent
41	41	4 separation from employment before filing an initial or additional claim
42	42	5 for benefits, an individual who voluntarily left the employment without
43	43	6 good cause in connection with the work or was discharged from the
44	44	7 employment for just cause is ineligible for waiting period or benefit
45	45	8 rights for the week in which the disqualifying separation occurred and
46	46	9 until:
47	47	10 (1) the individual has earned remuneration in employment in at
48	48	11 least eight (8) weeks; and
49	49	12 (2) the remuneration earned equals or exceeds the product of the
50	50	13 weekly benefit amount multiplied by eight (8).
51	51	14 If the qualification amount has not been earned at the expiration of an
52	52	15 individual's benefit period, the unearned amount shall be carried
53	53	16 forward to an extended benefit period or to the benefit period of a
54	54	17 subsequent claim.
55	55	2025 IN 1338—LS 7394/DI 141 2
56	56	1 (b) When it has been determined that an individual has been
57	57	2 separated from employment under disqualifying conditions as outlined
58	58	3 in this section, the maximum benefit amount of the individual's current
59	59	4 claim, as initially determined, shall be reduced by an amount
60	60	5 determined as follows:
61	61	6 (1) For the first separation from employment under disqualifying
62	62	7 conditions, the maximum benefit amount of the individual's
63	63	8 current claim is equal to the result of:
64	64	9 (A) the maximum benefit amount of the individual's current
65	65	10 claim, as initially determined; multiplied by
66	66	11 (B) seventy-five percent (75%);
67	67	12 rounded (if not already a multiple of one dollar ($1)) to the next
68	68	13 higher dollar.
69	69	14 (2) For the second separation from employment under
70	70	15 disqualifying conditions, the maximum benefit amount of the
71	71	16 individual's current claim is equal to the result of:
72	72	17 (A) the maximum benefit amount of the individual's current
73	73	18 claim determined under subdivision (1); multiplied by
74	74	19 (B) eighty-five percent (85%);
75	75	20 rounded (if not already a multiple of one dollar ($1)) to the next
76	76	21 higher dollar.
77	77	22 (3) For the third and any subsequent separation from employment
78	78	23 under disqualifying conditions, the maximum benefit amount of
79	79	24 the individual's current claim is equal to the result of:
80	80	25 (A) the maximum benefit amount of the individual's current
81	81	26 claim determined under subdivision (2); multiplied by
82	82	27 (B) ninety percent (90%);
83	83	28 rounded (if not already a multiple of one dollar ($1)) to the next
84	84	29 higher dollar.
85	85	30 (c) The disqualifications provided in this section shall be subject to
86	86	31 the following modifications:
87	87	32 (1) An individual shall not be subject to disqualification because
88	88	33 of separation from the individual's employment if:
89	89	34 (A) the individual left to accept with another employer
90	90	35 previously secured permanent full-time work which offered
91	91	36 reasonable expectation of continued covered employment and
92	92	37 betterment of wages or working conditions and thereafter was
93	93	38 employed on said job;
94	94	39 (B) having been simultaneously employed by two (2)
95	95	40 employers, the individual leaves one (1) such employer
96	96	41 voluntarily without good cause in connection with the work
97	97	42 but remains in employment with the second employer with a
98	98	2025 IN 1338—LS 7394/DI 141 3
99	99	1 reasonable expectation of continued employment; or
100	100	2 (C) the individual left to accept recall made by a base period
101	101	3 employer.
102	102	4 (2) An individual whose unemployment is the result of medically
103	103	5 substantiated physical disability and who is involuntarily
104	104	6 unemployed after having made reasonable efforts to maintain the
105	105	7 employment relationship shall not be subject to disqualification
106	106	8 under this section for such separation.
107	107	9 (3) An individual who left work to enter the armed forces of the
108	108	10 United States shall not be subject to disqualification under this
109	109	11 section for such leaving of work.
110	110	12 (4) An individual whose employment is terminated under the
111	111	13 compulsory retirement provision of a collective bargaining
112	112	14 agreement to which the employer is a party, or under any other
113	113	15 plan, system, or program, public or private, providing for
114	114	16 compulsory retirement and who is otherwise eligible shall not be
115	115	17 deemed to have left the individual's work voluntarily without
116	116	18 good cause in connection with the work. However, if such
117	117	19 individual subsequently becomes reemployed and thereafter
118	118	20 voluntarily leaves work without good cause in connection with the
119	119	21 work, the individual shall be deemed ineligible as outlined in this
120	120	22 section.
121	121	23 (5) An otherwise eligible individual shall not be denied benefits
122	122	24 for any week because the individual is in training approved under
123	123	25 Section 236(a)(1) of the Trade Act of 1974, nor shall the
124	124	26 individual be denied benefits by reason of leaving work to enter
125	125	27 such training, provided the work left is not suitable employment,
126	126	28 or because of the application to any week in training of provisions
127	127	29 in this law (or any applicable federal unemployment
128	128	30 compensation law), relating to availability for work, active search
129	129	31 for work, or refusal to accept work. For purposes of this
130	130	32 subdivision, the term "suitable employment" means with respect
131	131	33 to an individual, work of a substantially equal or higher skill level
132	132	34 than the individual's past adversely affected employment (as
133	133	35 defined for purposes of the Trade Act of 1974), and wages for
134	134	36 such work at not less than eighty percent (80%) of the individual's
135	135	37 average weekly wage as determined for the purposes of the Trade
136	136	38 Act of 1974.
137	137	39 (6) An individual is not subject to disqualification because of
138	138	40 separation from the individual's employment if:
139	139	41 (A) the employment was outside the individual's labor market;
140	140	42 (B) the individual left to accept previously secured full-time
141	141	2025 IN 1338—LS 7394/DI 141 4
142	142	1 work with an employer in the individual's labor market; and
143	143	2 (C) the individual actually became employed with the
144	144	3 employer in the individual's labor market.
145	145	4 (7) An individual who, but for the voluntary separation to move
146	146	5 to another labor market to join a spouse who had moved to that
147	147	6 labor market, shall not be disqualified for that voluntary
148	148	7 separation, if the individual is otherwise eligible for benefits.
149	149	8 Benefits paid to the spouse whose eligibility is established under
150	150	9 this subdivision shall not be charged against the employer from
151	151	10 whom the spouse voluntarily separated.
152	152	11 (8) An individual shall not be subject to disqualification if the
153	153	12 individual voluntarily left employment or was discharged due to
154	154	13 circumstances directly caused by domestic or family violence (as
155	155	14 defined in IC 31-9-2-42). An individual who may be entitled to
156	156	15 benefits based on this modification may apply to the office of the
157	157	16 attorney general under IC 5-26.5 to have an address designated by
158	158	17 the office of the attorney general to serve as the individual's
159	159	18 address for purposes of this article.
160	160	19 (9) An individual shall not be subject to disqualification if the
161	161	20 individual
162	162	21 (A) has requested an exemption from an employer's
163	163	22 COVID-19 immunization requirement;
164	164	23 (B) has complied with the requirements set forth in
165	165	24 IC 22-5-4.6; and
166	166	25 (C) was discharged from employment for failing or refusing to
167	167	26 receive an immunization. against COVID-19.
168	168	27 As used in this subsection, "labor market" means the area surrounding
169	169	28 an individual's permanent residence, outside which the individual
170	170	29 cannot reasonably commute on a daily basis. In determining whether
171	171	30 an individual can reasonably commute under this subdivision, the
172	172	31 department shall consider the nature of the individual's job.
173	173	32 (d) "Discharge for just cause" as used in this section is defined to
174	174	33 include but not be limited to:
175	175	34 (1) separation initiated by an employer for falsification of an
176	176	35 employment application to obtain employment through
177	177	36 subterfuge;
178	178	37 (2) knowing violation of a reasonable and uniformly enforced rule
179	179	38 of an employer, including a rule regarding attendance;
180	180	39 (3) if an employer does not have a rule regarding attendance, an
181	181	40 individual's unsatisfactory attendance, if good cause for absences
182	182	41 or tardiness is not established;
183	183	42 (4) damaging the employer's property through willful negligence;
184	184	2025 IN 1338—LS 7394/DI 141 5
185	185	1 (5) refusing to obey instructions;
186	186	2 (6) reporting to work under the influence of alcohol or drugs or
187	187	3 consuming alcohol or drugs on employer's premises during
188	188	4 working hours;
189	189	5 (7) conduct endangering safety of self or coworkers;
190	190	6 (8) incarceration in jail following conviction of a misdemeanor or
191	191	7 felony by a court of competent jurisdiction; or
192	192	8 (9) any breach of duty in connection with work which is
193	193	9 reasonably owed an employer by an employee.
194	194	10 (e) To verify that domestic or family violence has occurred, an
195	195	11 individual who applies for benefits under subsection (c)(8) shall
196	196	12 provide one (1) of the following:
197	197	13 (1) A report of a law enforcement agency (as defined in
198	198	14 IC 10-13-3-10).
199	199	15 (2) A protection order issued under IC 34-26-5.
200	200	16 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
201	201	17 (4) An affidavit from a domestic violence service provider
202	202	18 verifying services provided to the individual by the domestic
203	203	19 violence service provider.
204	204	20 SECTION 2. IC 22-5-4.6 IS REPEALED [EFFECTIVE UPON
205	205	21 PASSAGE]. (Exemptions from COVID-19 Immunization
206	206	22 Requirements).
207	207	23 SECTION 3. IC 22-5-9 IS ADDED TO THE INDIANA CODE AS
208	208	24 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
209	209	25 PASSAGE]:
210	210	26 Chapter 9. Immunization Requirements
211	211	27 Sec. 1. As used in this chapter, "coercion" means the use of
212	212	28 intimidation, threats, or force intended to convince an individual
213	213	29 to take an immunization against the individual's will.
214	214	30 Sec. 2. As used in this chapter, "employee" means an individual
215	215	31 who works for an employer on a full-time or part-time basis, either
216	216	32 paid or unpaid. The term includes:
217	217	33 (1) an independent contractor;
218	218	34 (2) a subcontractor; and
219	219	35 (3) a student who works as a trainee or an intern.
220	220	36 Sec. 3. As used in this chapter, "employer" means:
221	221	37 (1) the state;
222	222	38 (2) any board, commission, department, division, bureau,
223	223	39 committee, agency, governmental subdivision, military body,
224	224	40 authority, or other instrumentality of the state;
225	225	41 (3) a state educational institution (as defined in
226	226	42 IC 21-7-13-32);
227	227	2025 IN 1338—LS 7394/DI 141 6
228	228	1 (4) a political subdivision (as defined in IC 36-1-2-13); or
229	229	2 (5) a sole proprietor, corporation, partnership, limited
230	230	3 liability company, or other entity that has one (1) or more
231	231	4 employees.
232	232	5 The term does not include the United States and its agencies and
233	233	6 instrumentalities.
234	234	7 Sec. 4. As used in this chapter, "immunization" means the
235	235	8 treatment of an individual with a vaccine intended to produce
236	236	9 immunity.
237	237	10 Sec. 5. (a) An employer may require an immunization only if the
238	238	11 employer respects the employee's right to refuse an immunization.
239	239	12 (b) An employee shall be free from:
240	240	13 (1) coercion; or
241	241	14 (2) an adverse action, including discrimination with respect
242	242	15 to:
243	243	16 (A) the employee's tenure, compensation, and benefits;
244	244	17 (B) terms, conditions, and privileges of employment;
245	245	18 (C) uniform or attire;
246	246	19 (D) use of areas open to immunized employees; or
247	247	20 (E) testing in the absence of symptoms when immunized
248	248	21 employees are not equally required to submit to testing;
249	249	22 based on the employee's refusal of an immunization.
250	250	23 Sec. 6. A:
251	251	24 (1) contract;
252	252	25 (2) bid specification; or
253	253	26 (3) agreement;
254	254	27 that is entered into, issued, amended, or renewed after May 31,
255	255	28 2025, may not contain a provision requiring an employee to receive
256	256	29 an immunization that limits in any way the rights and protections
257	257	30 provided to an employee under this chapter.
258	258	31 Sec. 7. (a) Nothing in this chapter shall be construed to:
259	259	32 (1) require an employer to impose a requirement that
260	260	33 employees receive an immunization; or
261	261	34 (2) preclude an employer from offering an immunization at no
262	262	35 cost to an employee.
263	263	36 (b) If an employer offers an immunization at no cost to an
264	264	37 employee, the employer must notify the employee at the time of the
265	265	38 offer in writing that the employee has the right to refuse the
266	266	39 immunization free from coercion or an adverse action with the
267	267	40 following statement: "IC 22-5-9-7 requires that an employer notify
268	268	41 an employee that an employee's acceptance of an immunization is
269	269	42 voluntary. An employee has the right to refuse the immunization
270	270	2025 IN 1338—LS 7394/DI 141 7
271	271	1 free from coercion or an adverse action, including discrimination
272	272	2 with respect to:
273	273	3 (1) the employee's tenure, compensation, and benefits;
274	274	4 (2) terms, conditions, and privileges of employment;
275	275	5 (3) uniform or attire;
276	276	6 (4) use of areas open to immunized employees; or
277	277	7 (5) testing in the absence of symptoms when immunized
278	278	8 employees are not equally required to submit to testing.
279	279	9 If an employee believes that the employee is being coerced into
280	280	10 receiving an immunization or if the employee refuses the
281	281	11 immunization and suffers an adverse action, the employee has the
282	282	12 right to report the violation to the department of labor, the
283	283	13 employer may be subject to a civil penalty, and the employee may
284	284	14 bring a civil action against the employer.".
285	285	15 Sec. 8. (a) A violation of this chapter may be reported to the
286	286	16 department of labor.
287	287	17 (b) The department of labor shall impose a civil penalty of five
288	288	18 thousand dollars ($5,000) per incident for a violation of this
289	289	19 chapter.
290	290	20 (c) A civil penalty collected under this section shall be deposited
291	291	21 in the state general fund.
292	292	22 Sec. 9. (a) An employee may bring a civil action against an
293	293	23 employer to enforce this chapter.
294	294	24 (b) If an employer is found to have violated this chapter, the
295	295	25 court may do the following:
296	296	26 (1) Award:
297	297	27 (A) actual damages; and
298	298	28 (B) court costs and reasonable attorney's fees;
299	299	29 to the prevailing employee.
300	300	30 (2) Enjoin further violation of this chapter.
301	301	31 Sec. 10. This chapter does not limit an employee's rights or
302	302	32 remedies under any other state or federal law.
303	303	33 SECTION 4. An emergency is declared for this act.
304	304	2025 IN 1338—LS 7394/DI 141