- (1) An employer is prohibited from requiring an employee to have a microchip implanted in the employee's body as a condition of employment.
- (2) A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent.
(3)
- (a) An employee may request the removal of the microchip at any time.
- (b) If an employee requests the removal of the microchip, the microchip must be removed within 30 days of the employee's request.
(4) If an employee receives a microchip at the request of an employer, the employer is required to:
- (a) pay all the costs associated with implanting and removing the microchip;
- (b) pay all the medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation of the microchip or the presence of the microchip in the employee's body; and
(c) disclose to the employee:
- (i) the data that may be maintained on the microchip; and
- (ii) how the data that is maintained on the microchip will be used by the employer.
(5)
- (a) If an employee is terminated from employment for any reason, including voluntarily, the microchip must be removed from the employee's body within 30 days of the employee's termination.
- (b) Once the employee terminates from the job that caused the microchip to be implanted, all data transmission from the microchip to the employer must be ceased.
- (c) An employee may elect to retain an implanted microchip after the termination of the employee's employment.
- (d) If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip, and subsection (4) does not apply.
- (6) This section does not prohibit an employer from using alternative noninvasive technology that is intended to track the movement of an employee.
History: En. Sec. 2, Ch. 324, L. 2019.