Federal vaccine mandate for employers with 100 or more staff now in effect

Maria Oramas gets the first dose of the Pzifer COVID-19 vaccine, Monday, Aug. 9, 2021, in...
Maria Oramas gets the first dose of the Pzifer COVID-19 vaccine, Monday, Aug. 9, 2021, in Miami. Florida is reporting a surge of COVID-19 cases caused by the highly contagious delta variant. (AP Photo/Marta Lavandier)(AP)
Published: Jan. 10, 2022 at 8:51 AM EST
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The Biden Administrations new federal vaccine mandate for employers will 100 or more employees goes into effect on Monday.

The 100 or more employee tally is for each entire company, no matter how many employees are at individual worksites.

Should the employee choose to not get the shot, they must undergo weekly testing and wear a mask at the place of employment.

Fully remote workers and staff members who work outside exclusively should be included in the 100 or more employee tally, however, they are not subject to the federal vaccine mandate requirements.

Employers must also include all temporary, seasonal, and part time workers in the employee tally.

Employers cannot require employees to use paid leave to go get vaccinated.

Employees will be required to use their own paid leave should they miss work due to vaccine side effects.

Employees wanting to return to the workplace must provide a negative covid test seven days prior to returning.

The covid tests may not both be self-administered and self-read.

Employees who have tested positive for covid within the last 90 days are also not required to get the vaccine.

If an employee tests positive with an antigen test, they may return to the workplace with a negative NAAT test.

Recently, the Food and Drug Administration has announced that the antigen tests can provide false results.

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