COVID-19 Resources

The SESCO team is conferencing regularly to review and discuss the news and developments that will affect SESCO clients. We encourage you to subscribe to our Client Alerts and Newsletters to receive up to date information and resources in your inbox.

This general guidance is based on U.S. federal employment law and the current medical assessment of COVID-19, as of August 1, 2021. State and local laws may apply, and medical assessments may change, resulting in different conclusions.

Biden Mandates Vaccines for Federal Contractors and Private Employers

In President Joe Biden’s press conference yesterday, he announced that he has directed Department of Labor's Occupational Safety and Health Administration (OSHA) to 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 will issue an Emergency Temporary Standard to introduce the vaccine requirement. Companies that fail to comply could face fines of $14,000 per violation.

The President also signed an Executive Order requiring all federal contractors (regardless of size) and all government employees be vaccinated against Covid-19, with no option of being regularly tested to opt out. health care workers at facilities receiving funds from Medicare and Medicaid are also required to be fully vaccinated, expanding the mandate to hospitals, home care facilities and dialysis centers around the country

Given many governors, pro-business groups and trade associations are vowing to challenge Biden’s directives, it is SESCO’s current recommendation for those employers who do not wish to mandate vaccines for all employees to “count to ten” before implementing such policy. SESCO will continually monitor developments as to when the regulation will be implemented and subsequently the progress of legal challenges.

As we have communicated previously, employers can currently mandate that all employees be vaccinated regardless of the number of employees. Many employers have decided to do so; however, given the current economic and staffing challenges some have made business decisions to not mandate the vaccine.

The American Rescue Plan Extends FFCRA Tax Credit, But Not the Mandate

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Plan”). The Plan is the most recent stimulus bill enacted to address the COVID-19 pandemic and it comes almost one year to the date the first COVID relief bill containing the Families First Coronavirus Response Act (FFCRA) was passed.

The employer leave obligations contained in the FFCRA ended on December 31, 2020. The Consolidated Appropriations Act of 2021, which was passed on December 27, 2020, did not extend the FFCRA obligations; rather, it gave employers who were covered under the FFCRA the option to voluntarily decide to provide “qualified” paid sick leave or paid family leave wages to their employees and continue to receive a tax credit for such wages until March 31, 2021.

Although there was discussion about extending the FFCRA mandate and extending it to employers of all sizes, the Plan does not mandate employers provide COVID-19 related leave and continues to limit the tax credit to employers covered by the FFCRA (employers with less than 500 employees).

For those covered employers that choose to voluntarily provide leave, the Plan extends the date employers can receive tax credits for qualified wages paid to employees from March 31, 2021 until September 30, 2021. Unlike the Consolidated Appropriations Act that did not expand the qualifying reasons for leave and limited qualifying wages to any unused entitlement under FFCRA, among other new provisions, the Plan expands the qualified leave reasons and provides new allotments of paid time that can qualify for tax credits.

Below are some FAQs on the changes made by the Plan.

To view full list of questions click HERE

OSHA COVID-19 Workplace Standard

The Occupational Safety and Health Administration (OSHA) has released an emergency temporary standard (ETS) that healthcare employers must follow. At the same time, OSHA concurrently issued updated, non-mandatory guidance for non-healthcare employers.

The ETS was published in the Federal Register on June 21, 2021. Employers must comply with most provisions by July 6, 2021, and with provisions involving physical barriers, ventilation, and training by July 21, 202

Click HERE for SESCO's response to frequently asked questions.

COVID-19 Vaccine Guidance for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new COVID-19 vaccine guidance for employers. The new guidance addresses topics the EEOC either left unclear or did not expressly resolve in earlier publications. Click HERE for more information.

Sample Memo to Employees About Voluntary Vaccinations

Subject: Voluntary Vaccination Policy

[Company name] is implementing a voluntary vaccination policy effective [date] regarding [disease name(s)] vaccination(s) for employees. In accordance with [Company name]'s duty to provide and maintain a workplace that is free of known hazards, we strongly encourage employees to receive this vaccination to minimize the risk of infectious disease in our workplace. In making this decision, the executive leadership team reviewed recommendations from [insert department names or other organizations consulted such as the Centers for Disease Control and Prevention, the Advisory Committee on Immunization Practices and local health officials]. To view the entire memo click HERE

Sample Memo to Employees About Mandatory Vaccinations

Subject: Mandatory Vaccination Policy

[Company name] has implemented a mandatory vaccination policy effective [date] requiring [disease name(s)] vaccination(s) for all employees. In accordance with [Company name]'s duty to provide and maintain a workplace that is free of known hazards, we are adopting this policy to safeguard the health of our employees and their families, our customers and visitors, and the community at large from infectious diseases that may be reduced by vaccinations. In making this decision, the executive leadership team reviewed recommendations from [insert department names or other organizations consulted such as the Centers for Disease Control and Prevention, the Advisory Committee on Immunization Practices and local health officials]. To view the entire policy click HERE

How to Handle an Employee's Request for a Medical or Religious Accommodation to a Vaccine Requirement

Many employers require employees to receive vaccinations to reduce the spread of communicable diseases in the workplace. Employer-required flu vaccinations have been a common practice for years and the COVID-19 vaccine will soon become more widely available. Employers who want to require employees to take the vaccine should know that federal law allows employees to ask to be exempted from the requirement due to medical or religious reasons.

Click HERE to view the entire guide

Sample Religious Accommodation Request Form

To view the entire form click HERE

Sample Request for Accommodation: Medical Exemption from Vaccination

To request an exemption from required vaccinations, please complete section 1 below and have your medical provider complete section 2 before returning this form to the human resources department. To view the entire form click HERE

Sample Vaccination Policy: Voluntary

Purpose
In accordance with [Company Name]’s duty to provide and maintain a workplace that is free of known hazards, we are adopting this policy to safeguard the health of our employees and their families; our customers and visitors; and the community at large from infectious diseases, such as COVID-19 or influenza, that may be reduced by vaccinations. This policy will comply with all applicable laws and is based on guidance from the Centers for Disease Control and Prevention and local health authorities, as applicable. To view the entire policy click HERE

Sample Vaccination Policy: Mandatory

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries), Title VII of the Civil Rights Act (which prohibits discrimination based on race, color, national origin, religion, and sex, including pregnancy), the Age Discrimination in Employment Act (which prohibits discrimination based on age, 40 or older), and the Genetic Information Nondiscrimination Act. Note: Other federal laws, as well as state or local laws, may provide employees with additional protections. To view the entire article click HERE

Utilizing Wellness Programs to Incentivize COVID-19 Vaccinations

Delta Airlines recently made headlines this month by announcing that it will charge employees on its group health plan a $200 surcharge for failure to receive the COVID-19 vaccination. Although there is potential for conflict with a myriad of federal statutes this arrangement may be structured legally if done through a properly designed wellness program. This Staff Recommendation is intended to assist employers in identifying the legal issues needed to be addressed when considering whether to implement a similar incentive program in their own workplace.

Nondiscrimination Rules under the ACA and HIPAA

Both the Patient Protection and Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) generally prohibit group health plans and insurers from using health factors to discriminate among similarly situated individuals, including the amount of premiums charged for coverage. Stated otherwise, the statutes do not allow employers to charge employees different premium amounts for group health coverage based solely on a single health factor, such as vaccination status. To view the entire article click HERE

Employee Survey: COVID-19 Vaccine Status

[Company name] is requesting input from employees regarding their COVID-19 vaccination status and how [Company name] may help to facilitate vaccinations for employees. This anonymous and voluntary survey will help senior management make decisions regarding reopening the office; however, the results of this survey will not be the only information used in the decision-making process. At this time, [Company name] has no intention of mandating the COVID-19 vaccine.

To see the entire survey click HERE