Vaccine Exemptions and the Law
KANSANS FOR HEALTH FREEDOM, INC. provides information on this site for general informational purposes only and the information is not intended to be and does constitute legal or medical advice. Anyone relying upon this information is advised to use their own judgment including consultation with their own physician, attorney, or other professionals before taking action based upon any information contained on this website.
How do I get an exemption for my child attending a Day Care Facility, a Preschool, or a Public School?
According to current Kansas law, children in day care facilities, schools, preschools, or in day care programs operated by a school are required to be immunized according to the Secretary of Health & Environment's recommendations unless either:
1. the parent obtains certification from a doctor stating that the child's life or health would be endangered due to that child's physical condition, or
2. the parent or guardian of the child is an adherent of a religious denomination whose teachings are opposed to immunizations (K.S.A. 65-508; K.S.A. 72-6262).
You can download these documents to use as a guide for obtaining an exemption:
Child Medical Exemption: This document must be signed by a medical doctor (MD) or osteopathic doctor (DO).
Child Religious Exemption: Use the exact wording from this document. Too much information about your religious beliefs can give them reasons to deny your request. There’s no need to explain your religious beliefs in detail. Keep it simple.
Letter Opposing Childhood Vaccination: Consider using this template to write your own letter to your child’s daycare, school, camp, etc. Note that there is some grey area within some Kansas statutes that might allow for vaccination of your child without your express consent, so make sure this letter is on file everywhere your child attends without your supervision.
What if I'm not part of a religious denomination whose teachings are opposed to immunizations?
Your religious belief may be non-denominational, which means you don't belong to a particular brand of religion or church. No one has the right to tell you what your religious beliefs are, and no one has the right to question the sincerity of your own personal beliefs.
We recommend that you use the exact wording provided in the religious exemption document (Download here). Too much information about your religious beliefs can give them reasons to deny your request. There's no need to explain your religious beliefs in detail. Keep it simple.
If your religious exemption is denied, please contact us. KSHF can help provide legal assistance.
Do I really have to take the meningitis vaccine to live in college student housing?
According to K.S.A. 76-761a, all students wanting to live in student housing at any Kansas college or university are required to receive a meningitis vaccination, but the statute states that each institution's vaccine policies "shall include appropriate waiver procedures for those who refuse to take the vaccine." Check with your college or university to learn what their waiver procedures are. If needed, write your exemption request using one of these two exemption form examples as a guide.
Medical Exemption: This document must be signed by a medical doctor (MD) or osteopathic doctor (DO).
Religious Exemption: Use the exact wording from this document. Too much information about your religious beliefs can give them reasons to deny your request. There’s no need to explain your religious beliefs in detail. Keep it simple.
What if my employer requires COVID-19 vaccination for employment?
For an employer, turning down a request for a vaccine exemption carries significant legal risk. According to K.S.A. 44-663, "if an employer implements a COVID-19 vaccine requirement, the employer shall exempt an employee from such requirement, without punitive action, if the employee submits a written waiver request to the employer stating that complying with such requirement would:
(1) Endanger the life or health of the employee or an individual who resides with the employee, as evidenced by an accompanying written statement signed by a physician or another person who performs acts pursuant to practice agreements, protocols or at the order, direction or delegation of a physician; or
(2) violate sincerely held religious beliefs of the employee, as evidenced by an accompanying written statement signed by the employee.
(b) An employer shall grant an exemption requested in accordance with this section based on sincerely held religious beliefs without inquiring into the sincerity of the request.
What if my employer requires other vaccines besides the COVID-19 vaccine?
Kansas law isn't the only law providing employees' rights to religious exemptions from COVID-19 vaccination. In fact, the U.S. EEOC (Equal Employment Opportunity Commission) provides the right to religious exemptions for any employer vaccine requirements, not just the COVID-19 vaccine. Title VII of the Civil Rights Act of 1964 has created strong protections for workplace religious freedom. As part of the code, Title VII requires employers to provide reasonable accommodation for workers whose “sincerely held religious beliefs” conflict with workplace policy unless doing so would pose an undue hardship.
Furthermore, Title VII of the Civil Rights Act of 1964 says employees do not need to be devout in their religious beliefs. Nor do their religious beliefs need to be long-standing or part of a mainstream denomination. The employee doesn't have to identify with a specific religion or denomination, and if they do, they're not required to explain those views in detail or to even share the views of that religion or denomination's leaders.
Title VII makes it unlawful for an employer to fail or refuse to hire, or to discharge any individual, or to otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of that individual's religion; or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's religion.
Importantly, this act says the term "religion" includes all aspects of religious observance and practice, as well as belief.
Title VII also says that an employer cannot refuse a religious exemption unless that employer demonstrates that they're unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
What if my exemption is denied?
If you submit an exemption request and it is denied by your daycare, school, or employer, please contact us.
KANSANS FOR HEALTH FREEDOM, INC. provides information on this site for general informational purposes only and the information is not intended to be and does constitute legal or medical advice. Anyone relying upon this information is advised to use their own judgment including consultation with their own physician, attorney, or other professionals before taking action based upon any information contained on this website.