As of February 6, 2024, any Texan under the direction of a private employer (including paid employees, contractors, medical students, volunteers getting credit hours, unpaid interns, and others who perform duties in exchange for a benefit), as well as applicants, are protected from COVID vaccine mandates. There is no need to submit an exemption in order to be protected by this legislation.

Now that the bill is in effect, Texans will need to contact the Texas Workforce Commission using THIS FORM if they feel they are being wrongfully denied employment, benefits or accommodations by an employer due to their COVID vaccination status. TWC is the state agency tasked with investigating complaints and enforcing the $50,000 fine against companies found to be in violation of the law.

You can also let TFVC know of any violations of this measure by submitting THIS FORM.

Source: Texas Health and Safety Code Chapter 81D

All DFPS-licensed child care facilities must have a policy that includes procedures for a facility employee to be exempt from the required vaccines for both medical reasons and reasons of conscience, including a religious belief. If you choose to be exempt, you may be required to use protective equipment such as gloves or masks.

Source: Human Resources Code Section 42.04305

Licensed nursing homes that serve elderly residents must offer flu shots to all employees. Employees of these facilities have the right to decline. 

Source: Texas Administrative Code Rule § 97.202

Texas law requires every healthcare facility to develop and implement its own vaccine policy. The policy must require employees to receive specific vaccines based on their level of risk (assessed by the amount of exposure to patients) and MUST include procedures for employees to be exempt from the required vaccines for medical reasons.

The law further states that employees who are exempt may be required to use protective medical equipment, such as gloves and masks, based on their level of risk (assessed by the amount of exposure to patients). Employees who are medically exempt may not be discriminated or retaliated against. Protective medical equipment, such as gloves and masks, are not considered retaliatory action.

The law further states that healthcare facility vaccine policies MAY include procedures for employees to be exempt from the required vaccines based on reasons of conscience, including a religious belief.

If you are a healthcare worker who desires to forgo some or all vaccines a potential employer is requiring, you are strongly advised to review all employment conditions prior to signing any employment agreement, as medical exemptions can be difficult to obtain and religious exemption options may or may not be available. 

Source: Texas Administrative Code Rule 1.702, Health and Safety Code Sec. 224.002

Rarely does TFVC receive inquiries from Texans regarding an employer that is requiring vaccines for employment, but is not in one of the industry categories listed above. Occasionally, a school district will use language that makes it seem that some vaccines, like flu or HepB, are required for employment, but there are no vaccine mandates for public or charter school teachers in Texas.

 If an employer in a field not listed above is requiring any vaccine as a condition of employment, you can inquire as to what exemptions are available to accommodate your deeply held beliefs, contact a lawyer, or let TFVC know.

Please see our Religious Exemption Tips One-pager HERE.