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![]() Documentation that may be requested from the employee should include the following: What supporting documentation may employers request from the employee?Įmployers should have policies and procedures in place in which they request supporting documentation from employees requesting religious accommodation. CMS is not likely to second guess or penalize an employer who decides to grant a religious exemption based on an employee’s professed and documented sincerely held religious belief. However, if there is an objective basis upon which the employer may question the sincerity of the employee’s religious belief, the employer may-but is not required to-request documentation or other information from the employee to assist in the employer’s assessment of the employee’s sincerely held belief, practice or observance.Įmployers should be mindful that while prior inconsistent conduct is relevant to the question of sincerity, an individual’s beliefs-or degree of adherence-may change over time, and therefore an employee’s newly adopted or inconsistently observed religious practice may nevertheless be sincerely held.īecause the existence and sincerity of religious belief is by its nature personal and subjective, the EEOC and other government agencies have been hesitant to challenge an employee’s religious belief that appears to be facially sincere. Employers should ordinarily assume that an employee’s request for religious accommodation is sincerely held. Religious beliefs must be “sincerely held” in order to qualify for accommodation. Similarly, ways of living, such as veganism, pacifism, or minimalism are not protected religious beliefs.Ģ. Social, political, or economic philosophies, as well as mere personal preferences, even if strongly held, are not religious beliefs protected under federal law. They include beliefs and practices with which the employer may be unfamiliar or beliefs that may have only one follower.Ĭertain beliefs do not qualify for protection as a religion. A religious belief need not be associated with a widely recognized or organized religion and may conflict with religious beliefs of such organized religions. Religious beliefs include both theistic and non-theistic moral or ethical beliefs as to what is right and wrong. Equal Employment Opportunity Commission (“EEOC”) as beliefs that address fundamental questions about life, purpose, and death. In general, employers should employ a two-part test: Is the religious exemption request based upon a religious belief? If so, is the religious belief sincerely held? How should employers evaluate whether an employee request is a “sincerely held religious belief?”Įmployers have the responsibility to inquire and determine whether an employee’s religious exemption request qualifies for accommodation from COVID-19 vaccination requirements. Failure to adequately document religious exemption requests may subject employers to certain penalties outlined in the Interim Rule including civil monetary penalties, denial of payment for new admissions, or termination of the Medicare/Medicaid provider agreement depending on the type of facility involved. Employers are required to have a process for collecting and evaluating such requests, including the tracking and secure documentation of information provided by those staff who have requested exemption, the facility’s decision on the request, and any accommodations that are provided. Employers must evaluate religious exemption requests on a case-by-case basis. The Interim Rule requires that employers permit employees to be exempted from the vaccination requirement if the vaccination requirement conflicts with the employee’s sincerely held religious belief, practice, or observance. ![]() What is required for employers to comply with the Religious Exemption under the Interim Rule? This article addresses some of the top questions concerning religious exemption requests. Many employees have resorted to the religious exemption to avoid vaccination requirements however, this exemption is narrower than most people realize. In light of the CMS Interim Final Rule (“Interim Rule”) published on November 5, 2021, qualifying healthcare facilities have been tasked with implementing policies and procedures that ensure their staff are fully vaccinated from COVID-19 unless their employees are exempted from the vaccination mandate due to a qualifying disability or sincerely held religious belief.
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