If you have fewer than 100 employees, no federal contracts, and no healthcare workers, these new federal requirements do NOT apply to you.
We are actively monitoring for the details of President Biden’s COVID action plan. The aspects of this new plan that affect HR and how you run your business will come from DOL rules called Emergency Temporary Standards (ETS), written by the Occupational Safety and Health Administration (OSHA); executive orders (EOs) from the President; and (for healthcare workers) regulations from the Centers for Medicare and Medicaid Services (CMS). When relevant information becomes available, we will update you via an eAlert and provide information on the HR Support Center. In the meantime, here is what we know:
Employers with 100 or More Employees
Employers that have 100 or more employees will be required to:
- Mandate their employees get vaccinated against COVID or submit to weekly testing; and
- Provide employees with paid time off to get vaccinated and recover if they experience side effects from the vaccine.
It’s possible that the weekly testing option will be reserved only for those who request testing as an accommodation to mandatory vaccination because of a sincerely held religious belief, disability, or pregnancy. We expect the new ETS to address this.
We don’t yet know if there will be a way for employers to get reimbursed for costs associated with compliance.
Federal contractors will be required to mandate vaccination among their employees.
Workers in most healthcare settings will be required to be vaccinated.