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4 key takeaways for employers about new COVID-19 vaccine, testing mandates

November 2021 employment law letter
Authors: 
Sean A. Monson, Parsons Behle & Latimer

President Joe Biden recently announced a new strategy to combat the COVID-19 pandemic through administrative action by the executive branch of the federal government. Rules applicable to employers have yet to be implemented, but they will be coming. Here are four key takeaways for employers.

Major initiatives

Weekly testing or vaccination. The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) will implement a rule requiring all employers with 100 or more employees to ensure the workers either (1) are fully vaccinated or (2) produce a negative test result on at least a weekly basis to come to work.

Required vaccinations for healthcare providers. The Centers for Medicare & Medicaid Services (CMS) is taking action to require COVID-19 vaccinations for workers in most healthcare settings that receive Medicare or Medicaid reimbursement, including hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies.

PTO to get vaccinated. OSHA is developing a rule requiring employers with more than 100 employees to provide paid time off (PTO) for the time it takes workers to get vaccinated or recover if they feel ill after the shots.

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