Administration Further Details Vaccine Requirement for Federal Employees, Contractors

On September 16, the Safer Federal Workforce Task Force issued new frequently asked questions (FAQs) detailing the recent executive order (EO) from President Joseph R. Biden Jr. requiring all federal employees to be vaccinated against COVID-19, and the second EO, which requires most federal contractors to be vaccinated. U.S. Postal Service employees are excluded from the vaccine requirement, and postal workers who are not vaccinated will be required to show a negative coronavirus test at least once a week.

According to the FAQs, federal employees will have until November 22, 2021, to receive both vaccinations (one vaccination if receiving the Johnson & Johnson vaccine) and to complete the two-week waiting period post-vaccination before they are considered fully vaccinated. Federal employees must receive their last dose of the vaccine no later than November 8 in order to meet the November 22 deadline to be fully vaccinated.

All federal employees are required to be vaccinated and must provide documentation to prove vaccination status such as a record of immunization from a health care provider or pharmacy, or a copy of the COVID-19 Vaccination Record Card, among other options. Teleworking employees will be required to get vaccinated, and new federal employees who start their government service after November 22 need to be fully vaccinated prior to their start date.

In limited circumstances where the law requires an exception, employees with a “disability or sincerely held religious belief, practice or observance” may be exempt from the vaccine mandate. Agencies will be required to consider a variety of factors to verify the exception, including the basis for the claim, the nature of the employee’s job responsibilities and the potential effects on agency operations, such as protecting other employees and the public from COVID-19.

According to the FAQs and executive order, agencies must incorporate a clause into new federal contracts requiring contractors to be vaccinated for COVID-19 and to provide documentation of vaccination status. Prior to a contractual vaccine requirement, contractors must provide proof of a negative COVID-19 test from no later than the previous three days prior to entry to a federal building, unless an agency already has a regular testing program. According to the executive order on contractors, more detailed guidelines for contractors are expected to be published by the Safer Federal Workforce Task Force by Friday, September 24, 2021.