President Biden’s brand-new vaccine required comes with substantial effects for employers. Here’s a take a look at some of the top concerns and responses concerning this brand-new program.
On September 9th, President Biden announced his government’s brand-new vaccination mandate, which will cover both federal workers and companies with more than 100 employees. Not remarkably, the mandate has triggered both conversation and debate. While numerous enterprises understand the need of the move, they’re not sure how these brand-new guidelines will impact everyday operations.
If you’re aiming to prepare yourself for the brand-new guidelines however not exactly sure where to start, we’ve got you covered with our vaccine framework FAQ informed by ADP’s employment law attorneys.
1. What sort of vaccination mandate becomes part of President Biden’s COVID-19 action plan? What are the details?
President Biden’s vaccination mandate covers 3 broad categories:
Federal executive branch workers and employees of federal government contractors.
Vaccination will be required for all federal personnel by November 22, 2021. Vaccinations will likewise be required for employees of covered contractors and subcontractors missing exceptions required by law which will likely be disability and religious belief accommodations. New language mandating vaccinations for employees of covered contractors and subcontractors will be added in October of 2021 to new federal contracts, solicitations, contract extensions and renewals, and options exercised under existing contracts. Some exclusions from coverage are grants; contracts whose worth is equal to or below the simplified acquisition threshold (which is presently $250,000); and workers who perform work outside the United States. Employees of covered contractors and subcontractors need to be totally vaccinated by December 8, 2021, or at the latest, by the first day of performance on a covered contract, missing the requirement for a disability or religious accommodation. Medicare and Medicaid-participating hospitals and other care service providers that get Medicare or Medicaid compensation.
Vaccination will be needed for all Medicare and Medicaid workers. To implement the vaccine mandates on healthcare employees, CMS– in collaboration with the Centers for Disease Control and Prevention (CDC)— will broaden emergency situation policies. CMS prepares for the release of an Interim Final Rule with a comment period in October 2021. All private sector employers with more than 100 employees. On-site workers must either supply proof of vaccination or be tested weekly for COVID-19. The requirements will enter into effect after OSHA has actually prepared and implemented an Emergency Temporary Standard (ETS).
It’s also worth keeping in mind that work is continuous to introduce the responsibilities into federal contacts, and private sector responsibilities won’t commence until OSHA has actually drafted and executed an ETS that details vaccine requirements. In addition, the requirements for health care employees discussed above will not go into effect till after CMS acts to release an Interim Final Rule and the necessary comment period is supplied.
2. What are the mandate rules for employers with more than 100 employees? How does this vary from those with less than 100 workers?
Employers with more than 100 employees will be required to have their workers be vaccinated or to undergo weekly COVID-19 testing. Organizations can likewise choose to opt out of screening completely and offer proof of vaccination as the only choice. The requirements relevant to private employers will not apply until after OSHA issues an ETS.
Organizations with fewer than 100 workers are not subject to this mandate, so they can choose either to continue without vaccinations or to make them a requirement. The only exception to this under-100 rule would be if employers are federal government contractors, in which case the mandate applicable to federal government contractors would use.
3. If an organization has more than 100 employees spread between numerous locations, are they required to mandate vaccination?
The basic understanding is that the number of staff members– not where they’re located– determines whether a company is subject to vaccine requirements.
In practice, this indicates that if organizations have personnel spread throughout multiple websites but the overall number of employees is more than 100, vaccine guidelines apply.
4. If a worker just works part-time from the office, are they still required to be vaccinated? What about employees who are 100% remote?
As the proposed rule reads right now, any workers who are in the office full- or part-time require vaccination. Those who are still working 100% from home are not subject to this federal vaccination mandate, though organizations could choose to make it a requirement if they want.
5. How are employers recommended to manage medical, disability or religious accommodations or exemptions?
When it concerns medical or disability exemptions, companies can ask for objective medical documentation that can be filed as support for vaccine exemption.
Religious exemptions are more challenging. While Title VII protects workers who have sincerely held beliefs from being required to do something contrary to those beliefs.
One way to manage religious exemptions is to have personnel fill out a vaccine exemption request detailing their religious beliefs and how they connect to vaccination. Simply put, an easy “my faith doesn’t permit vaccination” isn’t enough for an exemption, and it is not unreasonable for employers to request more specific information. The caveat is that employers must take care to strike a balance in between asking for details and probing to evaluate the sincerity of the belief itself. The Equal Employment Opportunity Commission recommends that companies ordinarily presume that a worker’s ask for religious accommodation is based upon a genuinely held religious belief. An exception to this presumption exists, however, if an employer knows objective realities that question the sincerity of an employee’s claimed belief. If those facts exist, the employer might request extra information to support the claimed exemption
6. Should companies share or not share staff member vaccination status with others (supervisors, other employees, etc)?
Companies should not share any information about worker vaccination status with supervisors or worker co-workers.
Also, they should not recognize in any method those who have or have not been immunized. Vaccine status is considered personal medical details and is thus subject to requirements for personal privacy and protection.
7. Are overhead workers, production employees, workers working on direct government contracts, and independent contractors also required to be vaccinated?
Yes. As of October, language will be added to federal government contractor agreements that mandates vaccination for all overhead workers, production workers and those working on direct government jobs. However, President Biden’s mandate does not explicitly require independent contractors to be vaccinated. Federal government contractors and subcontractors can choose to require independent contractors to become vaccinated as a condition of continuing to offer services to the contractor.
8. In what ways can/should HR departments capture and record employee vaccination info? What are the HIPAA implications?
Human resource departments have several alternatives when it comes to verifying vaccine status.
For example, they might:
- select to accept a copy of vaccine record cards,
- a healthcare provider’s letter or
- an employee’s attestation.
When it comes to recording this information, it’s an excellent idea to keep it separate from other employee details on file. It needs to not be part of standard employee records and need to be accessible to as couple of individuals as possible. Because vaccination records are covered under HIPAA regulations, businesses should ensure they’re diligent about safely collecting, recording and storing this information to restrict the threat of compromise.
9. If a vaccinated employee has contact with a colleague who has tested positive for COVID-19, what requirements do they need to follow?
In the case of vaccinated workers coming in contact with personnel who have actually tested positive for COVID-19, businesses must do 2 things:
- maintain the individual’s privacy
- while still informing possibly impacted staff members that they may have been exposed to the virus.
Employers need to follow the CDC’s recommendations as to when to require workers to stay home.
10. How should employers engage with employees who are resistant to being vaccinated?
The key is communication. Employers should plainly communicate vaccination mandate expectations with employees and articulate all options offered. These might include choosing weekly testing rather of supplying proof of vaccination. HR teams should then communicate a timeline for vaccination or exemptions and spell out possible effects for non-compliance, which might include:
- a return to remote work or
- termination of employment.
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