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Federal contractor, subcontractor vaccine deadline extended to January 4

December 2021 employment law letter
Authors: 
Grant T. Collins, Felhaber Larson

Federal contractors (and subcontractors) will have four extra weeks—until January 4, 2022—to vaccinate their workforce against COVID-19, according to the White House. The extension was announced at the same time the Occupational Safety and Health Administration (OSHA) was releasing an emergency temporary standard (ETS) for private employers with at least 100 employees, and the Centers for Medicare and Medicaid Services (CMS) set new requirements for many healthcare facilities.

How we got here

In September, after President Joe Biden had announced Executive Order (EO) 14042, the Safer Federal Workforce Task Force issued guidance requiring covered federal contractors and subcontractors to implement a “hard” vaccine mandate. By December 8, the companies were supposed to ensure their employees either (1) were “fully vaccinated” or (2) have requested and received a medical or religious accommodation.

In light of OSHA’s new ETS and the CMS rules announced on November 4, the Biden administration decided to delay the shot requirements for federal contractors. According to the White House, the extra time will make it easier for employers that may have employees subject to each of the three vaccine rules (i.e., OSHA, CMS, or federal contractors):

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