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Answers to 13 common questions about new federal vaccine, testing mandates

October 2021 employment law letter
Authors: 
Amy Jordan Wilkes and Nafela Hojeij Helou, Burr & Forman LLP

When President Joe Biden recently announced a six-pronged strategy to contain COVID-19's spread, one of the most notable measures was a vaccination and/or weekly testing mandate affecting employers and employees nationwide. We still don't know many details, but here are answers to some of the most common questions we've received since the mandates were announced.

What employers want to know

Who is affected? The proposed mandates will apply to an estimated 100 million workers who are employed by the federal government, federal contractors, or companies with 100 or more employees or work in certain industries such as health care and education.

What is the vaccine and/or testing mandate for employers with 100 or more employees? The larger employers will be required to ensure employees are either fully vaccinated against COVID-19 or submit to weekly testing and provide proof of a negative test result to report for work. Covered employers also must provide paid time off (PTO) to employees for the time it takes them to get vaccinated and/or recover from any side effects.

What are the vaccination rules for federal workers and employees of federal contractors? All federal workers and employees of companies that contract with the federal government must be vaccinated against COVID-19. Once the rule is in effect, they will no longer be able to opt out of the shots by wearing masks, social distancing, or being tested weekly for the virus.

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