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Update: President Biden’s Employer Vaccine Mandate

As we previously reported, President Biden has directed the Department of Labor's Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS) that would require all private employers with 100 or more employees to mandate all employees be vaccinated or be tested at the employer’s expense at least once per week. OSHA has not yet issued ETS and it is anticipated the ETS will require private employers with 100 or more employees to provide paid time off for employees to receive the vaccine and to recover from any side effects of the vaccine.

Additionally, the President signed an Executive Order requiring all federal contractors (regardless of size) and all government employees be vaccinated, with no option of being regularly tested.  To that end, please note the following:

  • "Fully vaccinated" means two weeks have passed since someone received a single-shot vaccine or the second dose of a two-shot vaccine, so the last dose must be administered by November 8.
  • New hires who start on or after November 22 must be fully vaccinated when their employment begins.
  • Federal contractors must require documentation from employees to prove vaccination, even if an employee has previously attested to their vaccination status.
  • Vaccine mandates must comply with federal anti-discrimination laws. An employee with a religious objection or disability may need to be accommodated.