Bill Description: H413 allows employer vaccine mandates with certain exceptions.
Analyst Note: H413 is one of several pieces of legislation introduced during the November meeting of the 2021 session to address the issue of vaccine mandates in Idaho.
Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?
H413 creates Section 44-906 Idaho Code, which would explicitly allow employers to mandate both vaccinations and "subsequent booster shots of such vaccinations" as "a condition of hiring."
There are some parameters put around this allowance, however. The employer must "provide written notice of each required vaccination on or before an employee's date of hire" and shall not "after an employee's date of hire, require an employee to receive additional vaccinations as a condition of continued employment."
Additionally, the bill would prohibit employers from firing employees for not receiving vaccines that were not required as a condition of employment at the time they were hired.
This bill does provide some protections for existing employees, but it fails to protect the medical privacy of individuals, instead giving employers an explicit right to include vaccine mandates in employment contracts.