Private Employer Vaccine Mandate Program - FAQs
- What employers are covered?
Only private employers who employ persons located in Florida who impose a COVID-19 vaccination mandate on employees located in Florida are covered.
- If I work for a governmental entity, may I file a complaint?
No, only persons employed by a private employer may file complaints utilizing Section 381.00317. Violations for public employers can be reported to the Florida Department of Health through VaxPassFreeFL@FLHealth.gov.
- Does the size of the employer matter?
No. Section 381.00317 applies to all employers who employ persons located in Florida. The size of employer only matters on what the maximum fine could be.
- My employer has a vaccine mandate that does not provide exemptions or does not provide the exemptions, what do I need to do before I file complaint?
You need to request an exemption pursuant to Section 381.00317 utilizing the forms promulgated by the State of Florida, Department of Health. Such forms can be found here. If you do not provide your employer an exemption form, your complaint may be legally insufficient.
- Can I complete a form any way other than on-line?
Yes. Forms may be printed out and either e-mailed, to vaxmandate@myfloridalegal.com or by U.S. Mail to: Department of Legal Affairs, Private Employer Vaccine Mandate Program, PL-01, the Capitol, Tallahassee, FL 32399-1050.
- What do I need to submit with my complaint?
At the least, you need to submit the exemption form that you provided your employer. The State of Florida, Department of Health has promulgated forms for use by employees with respect to exemptions. Such forms can be found here.
- What happens after I submit my complaint?
Once your complaint is submitted it will be reviewed by the Department and if your complaint is legally sufficient, your employer will be contacted for a response.
- What if my employer is mandated by federal law to impose a vaccine mandate?
Florida is challenging all three federal vaccine mandates. Depending on how the court’s rule, there may be effects on Section 381.00317 and whether your employer can be fined.
- Will my employer get to respond?
Yes. Once a complaint is received and found legally sufficient, the Department will contact your employer, and the employer will have 20 days to submit a response to the Department.
- If I was terminated, will I get my job back?
The Department does not have the authority to order reinstatement. An employer who does not voluntarily reinstate an employee and is found to have violated Section 381.00317 may be subject to a fine payable to the State of Florida.
- If I am not terminated, is my employer subject to a fine under Section 381.00317?
It depends. If your employer has taken adverse action against you that is the functional equivalent to a discharge, the employer could be fined under Section 381.00317.
