photo by: Kim Callahan/Journal-World

Strong Hall on the University of Kansas campus is pictured in September 2021.

University of Kansas employees who want to avoid getting a COVID vaccine now can receive a religious exemption by simply signing their name to a form, under changes confirmed by the university on Tuesday.

In addition, university employees have been given until Jan. 18 to make either a religious or medical exemption request, which is several weeks later than KU’s original deadline.

KU’s form for religious exemptions previously required applicants to write a description of their sincerely held religious beliefs regarding vaccines. The application also encouraged applicants to provide any past documentation related to their religious beliefs regarding vaccines, including written statements from third parties such as “religious leaders, practitioners, or others with whom you have discussed your belief.” The application stated a religious exemption won’t be granted based on “personal preference, concerns about the possible effects of the vaccine, or political opinions.”

All that language is now gone and is replaced with a form that requires an employee to sign a brief statement that says they are asking for an exemption from the mandatory vaccine requirement because of a sincerely held religious belief, practice, or observance that conflicts with the vaccine requirement.

The changes come after Kansas Attorney General Derek Schmidt sent a letter to the Kansas Board of Regents alleging that both KU and Kansas State University had created a religious exemption process that did not comply with a state law that was approved on Nov. 22 as part of the Legislature’s special session.

“I am aware that the University of Kansas and Kansas State University, in particular, are in violation of a new state law as described below and must immediately cease and desist from the same,” Schmidt wrote in a letter to Regents President Blake Flanders.

KU and K-State this fall announced they were requiring all employees to receive a COVID vaccination in order to comply with a federal order that covers federal contractors. Both universities receive millions of dollars in federal research grants, which triggered their compliance with the federal vaccine mandate.

Now, question arise about whether KU’s changes to the religious exemption policy will cause it to run afoul of the federal law and put KU research grants in jeopardy of being canceled. The federal government’s website for federal contractors specifically raises the question of what happens when state and federal regulations or laws are in conflict with each other regarding the vaccine mandate. The federal government contends the federal regulations must prevail.

“These requirements are promulgated pursuant to federal law and supersede any contrary state or local law or ordinance,” the saferfederalworkforce.gov website states in an FAQ page.

The same page also warns federal contractors that a loss of a federal contract is possible due to noncompliance.

“If a covered contractor is not taking steps to comply, significant actions, such as termination of the contract, should be taken,” the website states.

However, it is not clear if the new Kansas state law directly conflicts with the federal requirement related to religious exemptions. The federal government has not presented a specific form that contractors must use when receiving requests for federal exemptions. Given that, it is possible the simple form now being used by KU would meet federal requirements.

A KU spokeswoman said the university is trying to comply with both federal and state laws.

“We have updated our forms, processes and deadlines in an effort to align with both the Attorney General’s letter and the federal executive order,” KU spokeswoman Erinn Barcomb-Peterson said via email.

If KU’s actions ultimately are deemed not to comply with the federal regulations, the risk to federal contracts could be steep. KU Chancellor Douglas Girod told the Kansas Board of Regents earlier this month that KU has $170 million to $180 million in federal contracts that would be at risk if KU did not comply with the federal mandate. He said those contracts directly produce about 2,000 jobs.

A spokesman for Schmidt did not immediately respond to a request inquiring whether KU’s changes have brought the university into compliance with state law. In his Nov. 24 letter to the Regents president, Schmidt said the new law does not allow application processes that are “designed to gather information for use by the employer in evaluating the sincerity of the employee’s belief in determining whether to grant a waiver.”

KU previously has said it was going to use a committee to evaluate the exemption requests and determine which ones should be approved. Under the new state law, approvals are expected to be pro forma, as long as the applicant has fully completed the application form.

As for the extended deadline to Jan. 18, Schmidt also had said KU’s deadline was too arbitrary. The Jan. 18 deadline now matches the time period in which the federal government says all federal contractors should be fully vaccinated.

However, the federal government did issue guidance earlier this month that makes it clear federal contractors don’t have to immediately terminate employees who aren’t vaccinated by the Jan. 18 deadline.

The latest guidance says employers should have a policy in place for how to deal with employees who refuse to get the vaccine. The guidance said it would be appropriate for such a policy to include a “limited period of counseling and education, followed by additional disciplinary measures if necessary. Removal occurs only after continued noncompliance.”

In addition, the federal guidance states that employees who refuse to comply should not be placed on administrative leave while the employer is working to gain compliance. However, the federal guidance does say that employees who refuse to become vaccinated must physically distance, comply with travel requirements for unvaccinated individuals, and “wear masks regardless of community transmission level.”

KU’s application for a religious exemption does still state that “employees must continue to follow University guidance on face coverings on campus and other safety measures.”

KU also will continue to accept applications for medical exemptions to the vaccine mandate until Jan. 18. That process will require a doctor’s note that provides some specific information about why the employee medically should not receive the vaccine.