25509853, 73B-11.0201 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25509853

Notice of Proposed Rule

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Workforce Services

Chapter:

UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS

Overview

RULE:

73B-11.0201

Determinations Regarding Discharge for Noncompliance with a COVID-19 Vaccination Mandate

PURPOSE:

To clarify reemployment assistance benefit eligibility for claimants discharged due to failure to comply with a COVID-19 vaccination mandate.  Specifically, the rule provides that failure to comply with a private employer’s COVID-19 vaccination mandate does not disqualify claimants from Reemployment Assistance benefits if the private employer did not properly apply the exemption requirements set forth in section 381.00317(1), F.S. The rule further establishes that private employers’ have the burden to demonstrate proper application of COVID-19 mandate exemptions and claimants are responsible for providing documentation of a qualified exemption.  The rule also provides that claimants discharged from governmental entities and educational institutions for refusing to comply with a COVID-19 vaccination mandate are not disqualified from Reemployment Assistance benefits.

SUMMARY:

The rule is being created to clarify reemployment benefit eligibility with regard to discharge resulting from an employer’s COVID-19 vaccination mandate.

RULEMAKING AUTHORITY:

112.0441(4), 381.00317(6), FS.

LAW:

112.0441(3), 381.00317(5), FS.

PRINT PUBLISH DATE:

1/28/2022 Vol. 48/19

COMMENTS:

From 1/28/2022 To 2/18/2022 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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