A Critical Warning to Federal Contractors and Subcontractors with Unvaccinated Employees: Time is Running Out to Comply with President Biden’s Vaccination Mandate

Pullman & Comley - Labor, Employment and Employee Benefits Law

On September 9, 2021, President Biden issued Presidential Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the EO). In the EO, the President requires that certain contracts with the federal government include a clause that the contractor and any subcontractors (at any tier) comply with all guidance published by the Safer Federal Workforce Task Force for the duration of the contract. On September 24, 2021, the Safer Federal Workforce Task Force issued its first iteration of this guidance titled “COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors” (the “Guidance”). The Guidance requires full-time and part-time employees of federal contractors and subcontractors in the United States to be fully vaccinated against COVID-19 by December 8, 2021 unless granted an accommodation for legitimate religious or medical reasons.

According to the CDC, a person is considered “fully vaccinated” two weeks after their second dose in a two-dose series (such as Pfizer or Moderna), or two weeks after a single dose vaccine (such as Johnson & Johnson). Importantly, the Pfizer and Moderna vaccines also require 21 days and 28 days respectively between the first and second doses. As a result, the vaccination process can take up to 42 days (28 days between doses + 14 days until considered “fully vaccinated”). In light of this, time is running out for federal contractors and subcontractors to comply with the executive order’s vaccination requirements.

To be fully vaccinated by December 8, employees must begin their vaccinations no later than the following dates:

Vaccine Date

Moderna (2-dose series)

October 27, 2021 (latest date to start first dose)

Pfizer (2-dose series)

November 3, 2021 (latest date to start first dose)

Johnson & Johnson (Single-dose series)

November 24, 2021

With October 27 rapidly approaching, federal contractors and subcontractors who do not have mandatory vaccination policies in place should act quickly to implement them. Given the time sensitivity, policies should communicate that employees who elect to receive a two-dose vaccine must receive the second dose as prescribed by the CDC and manufacturer guidelines on the 21st and 28th days. In all circumstances, the latest date by which an employee may receive the second dose is November 24, 2021.

The Executive Order applies to the vast majority of federal contractors and subcontractors. Failure to comply with these requirements could result in the contractor being rendered ineligible to bid or to be awarded future federal contracts at both the prime contractor and subcontractor levels and could impact existing federal contracts where performance is ongoing.

[View source.]

Written by:

Pullman & Comley - Labor, Employment and Employee Benefits Law
Contact
more
less

Pullman & Comley - Labor, Employment and Employee Benefits Law on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.