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By: FEDweek StaffFollowing is guidance from the Safer Federal Workforce Task Force on issues following the lifting of the Coronavirus vaccination mandate for federal employees.
Vaccination
Q: Should agencies require or request employees and potential employees to provide information about their vaccination status?
A: Consistent with CDC’s guidance, for most Federal workplaces, COVID-19 workplace safety protocols currently do not vary based on vaccination status or otherwise depend on vaccination information, regardless of the COVID-19 hospital admission level for the county where the Federal workplace is located. Where this is the case, agencies should pause any efforts to require, request, or collect vaccination status information for the purposes of implementing agency COVID-19 workplace safety protocols.
Agencies with employee COVID-19 vaccination requirements pursuant to agency-specific authorities—i.e., requirements that are not premised on Executive Order 14043—may continue to require that employees provide information about their vaccination status, including documentation of proof of vaccination from employees and potential employees subject to those requirements, as can agencies with other setting-specific dependencies on collecting vaccination information from employees in those settings. Such agencies should consult with the agency’s General Counsel and the agency’s Senior Agency Official for Privacy on such requirements, including related to information collection.
When agencies pause requiring, requesting, and collecting vaccination status information, such agencies must continue to preserve their vaccination information collection systems and the information collected to date from employees in accordance with the Federal Records Act and other records requirements.
Q: If agencies require that employees provide information about their vaccination status because of an agency-specific vaccination requirement or an approved setting-specific dependency on collecting vaccination information, may agencies require documentation from employees to prove vaccination status?
A: Yes. If agencies require that employees provide information about their vaccination status because of an agency-specific vaccination requirement or approved setting-specific dependency on collecting vaccination information, agencies may require documentation from employees to prove vaccination, subject to those authorities or requirements, even if an employee has previously attested to their vaccination status. In requesting such information, agencies must comply with any applicable Federal laws, including requirements under the Privacy Act and Rehabilitation Act of 1973.
Q: How should agencies maintain any documentation provided by employees regarding vaccination?
A: Agencies must continue to preserve their vaccination information collection systems and information collected to date from employees in accordance with the Federal Records Act and other records requirements.
If an agency requires that employees provide information about their vaccination status because of an agency-specific vaccination requirement or approved setting-specific dependency on collecting vaccination information, the agency may develop its own processes, systems, tools, and applications, related to those requirements or dependencies, to both collect and maintain the required information, in compliance with all applicable laws and in accordance with its agency record management policies.
The collection and use of this information for many agencies is subject to the OPM/GOVT-10 Employee Medical File system of records notice (SORN) and OPM regulations (5 C.F.R. part 293, subpart E). Under those rules, each agency should have written instructions for its Employee Medical Folder (EMF) system with appropriate safeguards. Employees should be provided with a Privacy Act statement at the point of collection of this information. Agencies that are not subject to OPM’s regulations (or who employ categories of employees not covered by OPM/GOVT-10) should give their employees an alternative Privacy Act or comparable statement, as applicable. As a general rule, this information should not be maintained in the Official Personnel Folder.
Agencies are encouraged to take steps to promote employee privacy and agency IT security, while also providing the relevant information to those in the agency who need to know in order to implement the safety protocols. Agencies should consult with their Agency Records Officer, Chief Information Officer, Senior Agency Official for Privacy, and General Counsel to determine the best means to maintain this information to meet the agency’s needs.
Q: Which individuals within an agency should have access to information on employees’ vaccination status?
A: The Privacy Act permits disclosure within the agency to employees “who have a need for the record in the performance of their duties.” 5 U.S.C. 552a(b)(1). Agencies should only disseminate information to the appropriate agency officials who have a need to know to ensure effective implementation of the safety protocols, which, in many cases, will include the supervisor level. Agencies must comply with the requirements of the Privacy Act at all times. Agencies should consult with their Senior Agency Official for Privacy on any questions related to Privacy Act requirements.
Q: Is onsite verification of vaccination status for Federal employees required as a condition of entry to GSA-controlled facilities?
A: No, onsite verification of a Federal employee’s COVID-19 vaccination status is not required as a condition to enter GSA-controlled facilities. Security officers at GSA-controlled facilities will admit any Federal employee with a valid PIV card to the facility without requiring onsite proof of vaccination.
Enforcement of applicable workplace safety protocols, including any required testing for Federal employees with approved or pending exceptions, is the responsibility of occupant agencies.
Leave
On May 9, 2023, President Biden signed an Executive Order revoking Executive Order 14043, which had required vaccination for Federal civilian employees. Effective May 12, 2023, all prior guidance from the Safer Federal Workforce Task Force implementing the requirements of Executive Order 14043 has also been revoked.
Employees who seek any non-required dose of FDA-authorized COVID-19 vaccine during work hours should be granted administrative leave (consistent with Safer Federal Workforce Task Force and OPM guidance) and not use duty time. For those employees who are required to be vaccinated against COVID-19 by their agency pursuant to agency-specific vaccination requirements, time spent receiving any required dose of FDA-authorized COVID-19 vaccine must be duty time.
Safer Federal Workforce Task Force guidance on other Federal agency safety protocols remains in effect.
Q: What type of leave should agencies grant to employees to cover post-vaccination recovery?
A: An agency should grant up to 2 workdays of administrative leave if an employee has an adverse reaction to a COVID-19 vaccine dose that prevents the employee from working (i.e., no more than 2 workdays for reactions associated with a single dose). If an employee requests more than 2 workdays to recover, the employee may take other appropriate leave (e.g., sick leave) to cover any additional absence. This policy on granting administrative leave is specific to the COVID-19 vaccine and is designed to support agencies’ missions by promoting the health and safety of the Federal workforce.
OPM will continue to evaluate this policy and consider changes as circumstances warrant.
Q: Should an agency grant administrative leave to cover the period of time it takes an employee to accompany a family member who is receiving a COVID-19 vaccine dose?
A: Yes, to be consistent with Safer Federal Workforce Task Force guidance, an agency would need to grant administrative leave to any Federal employee who accompanies any family member who is receiving a COVID-19 vaccine dose. For this purpose, a “family member” is an individual who meets the definition of that term in OPM’s leave regulations (see 5 CFR 630.201). Agencies would need to grant leave-eligible employees up to 4 hours of administrative leave per dose—for example, up to a total of 16 hours of leave for a family member receiving four doses—for each family member the employee accompanies (if an employee needs to spend less time accompanying a family member who is receiving the COVID-19 vaccine, only the needed amount of administrative leave should be granted). Employees should obtain advance approval from their supervisor before being permitted to use administrative leave for COVID-19 vaccination purposes. Employees may not be credited with administrative leave or overtime work for time spent outside their tour of duty helping a family member get vaccinated. This policy applies to covered vaccinations received after July 29, 2021. OPM will continue to evaluate this policy and consider changes as circumstances warrant.
Q: Will employees need to take sick leave while isolating because they have COVID-19 symptoms and are waiting for a test result, or because they have probable or confirmed COVID-19?
A: If an employee is isolating because they have COVID-19 symptoms and are waiting for a test result, or because they have probable or confirmed COVID-19 and is unable to or does not feel well enough to telework, then the employee may request sick leave, use accrued annual leave or other forms of earned paid time off (e.g., compensatory time off or credit hours), access a voluntary leave bank, or use unpaid leave in this situation, as appropriate. Weather and safety leave would be unavailable (see Office of Personnel Management, CPM 2020-02, February 7, 2020), but to mitigate exposure in the workplace, agencies may, on a limited basis, offer up to 1 day of administrative leave to employees who have COVID-19 symptoms and are isolating while actively seeking to be tested.
Q: What should agencies do if an employee attempts to report to the workplace while recommended to isolate?
A: If an employee who is recommended to isolate because they have COVID-19 symptoms and are waiting for a test result or to be tested, or because they have probable or confirmed COVID-19, attempts to report to the workplace, an agency may direct the employee to return home and telework. If the employee is unable to telework (because, for example, they are sick, ineligible to telework, do not have an applicable telework agreement, or are otherwise not able to telework based on their job duties), and the employee does not request to use sick leave, annual leave, or other forms of paid time off (e.g., compensatory time off or credit hours), an agency may elect to bar the employee from the workplace for the safety of others. Any decision to bar the employee should be made in consultation with the agency’s onsite security authority, human resources office, and legal counsel. If the agency bars the employee from the workplace, the employee should be placed on administrative leave until the agency determines what status the employee should be placed in while isolating (e.g., enforced leave). If the agency elects to place the employee on enforced leave while isolating, the agency should follow appropriate processes for placing an employee on enforced leave (e.g., adverse action process). Agencies, however, should avoid placing an employee on extended administrative leave in this situation and should act quickly to determine the appropriate status for the employee.
Q: Will employees need to take leave if they have probable or confirmed COVID-19, while on official travel?
A: If, while on official travel (i.e., travel conducted under an official travel authorization), an employee has probable or confirmed COVID-19, then the employee should follow agency isolation protocols and delay their return travel. The use of weather and safety leave would be unavailable (see Office of Personnel Management, CPM 2020-02, February 7, 2020). The employee may request sick leave, use accrued annual leave or other forms of earned paid time off (e.g., compensatory time off or credit hours), access a voluntary leave bank, or use unpaid leave in this situation, as appropriate.
Q: At this stage of the COVID-19 pandemic, how should agencies be administering weather and safety leave?
A: Previously, when employees were subject to quarantine based on a close-contact exposure to COVID-19, Safer Federal Workforce Task Force and the Office of Personnel Management (OPM) guidance advised agencies to grant weather and safety leave during the quarantine period for employees who were unable to telework. Current CDC guidance no longer recommends quarantine based on COVID-19 exposure or following travel, so granting weather and safety leave for purposes of quarantine is no longer necessary and appropriate.
To the extent agencies identify a need to continue to grant weather and safety leave for reasons related to COVID-19 other than quarantine, agencies should consult with the Safer Federal Workforce Task Force to assess whether continuing to grant weather and safety leave for such purposes would be necessary and appropriate.
Weather and safety leave should not be used when an employee has suspected or confirmed COVID-19. Employees who have COVID-19 symptoms and are waiting for a test result, or who have tested positive for COVID-19, are required to not enter a Federal facility or interact with members of the public in person as part of their official responsibilities, consistent with CDC guidance on isolation and agency isolation protocols. Such employees may request sick leave, use accrued annual leave or other forms of earned paid time off (e.g., compensatory time off or credit hours), access a voluntary leave bank, or use unpaid leave in this situation, as appropriate.
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