Coronavirus (COVID-19) Vaccine Policy (Mandatory)

Summary

This non-jurisdictional template is a policy requiring employees to obtain the coronavirus (COVID-19) vaccine so as to minimize transmission of the virus in the workplace. This template includes practical guidance, drafting notes, and alternate clauses. This template is intended for private employers. It has not been tailored for any jurisdiction. Use this template alone or customize it for one or more jurisdictions. For a template documenting an employee's decision to not obtain a coronavirus (COVID-19) shot based on medical reasons, see Declination of Coronavirus (COVID-19) Vaccination for Medical Contraindication. Recent federal law developments are worth noting here: OSHA Vaccine and Testing Emergency Temporary Standard (ETS) President Biden's September 9, 2021 Action Plan resulted in the Occupational Safety and Health Administration's (OSHA) issuance of an Emergency Temporary Standard (ETS) requiring private employers with at least 100 employees to ensure their workforce is fully vaccinated against COVID-19 or subject unvaccinated employees to weekly testing. However, a January 13, 2022 ruling from the U.S. Supreme Court has stayed enforcement of OSHA's ETS. See Nat'l Fed'n of Indep. Bus. v. Dep't of Labor, 2022 U.S. LEXIS 496 (Jan. 13, 2022). While the Court stayed the ETS pending further review from the Sixth Circuit, it found that the challengers are likely to prevail in their argument that the ETS is unlawful. OSHA has withdrawn the ETS effective January 26, 2022, but states that it “is not withdrawing the ETS as a proposed rule.” See OSHA, COVID-19 Vaccination and Testing ETS. Centers for Medicare and Medicaid Services (CMS) Vaccine Rules President Biden's September 9, 2021 Action Plan also directed the Centers for Medicare and Medicaid Services (CMS) to require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, nursing homes, dialysis facilities, ambulatory surgical settings, and home health agencies. On January 13, 2022, the U.S. Supreme Court lifted the stays of the CMS rule from various federal courts, allowing the rule to take effect in all states. See Biden v. Missouri, 2022 U.S. LEXIS 495 (Jan. 13, 2022). For additional COVID-19 vaccine practical guidance, see Vaccination and Testing in the Workplace State Law Survey, COVID-19 Vaccination: Key Employment Law Issues, Biden Mandates COVID-19 Vax For Millions Of Workers, What Employers Need To Know About DOL's Vax-Or-Test Rule, Contractors Face Confusion Over Vax Mandate Terms, Handling Vaccine Religious Exemptions In The COVID Era, and 4 Key Compliance Areas Under Biden's Vaccine Mandate. For other coronavirus (COVID-19) workplace policies, see Coronavirus (COVID-19) Vaccine Policy (Non-Mandatory), Face Mask and Personal Protective Equipment (PPE) Policy, Infection and COVID-19 Event Response and Communication Plan, Quarantine and Isolation Protocols, COVID-19 Testing Policy, and Social Distancing Policy. For more guidance on a wide variety of COVID-19 legal issues, see Coronavirus (COVID-19) Resource Kit. For a resource kit focused on employees returning to work and broken up by key employment law topics, see Coronavirus (COVID-19) Resource Kit: Return to Work. For tracking of key federal, state, and local COVID-19-related Labor & Employment legal developments, see Coronavirus (COVID-19) Federal and State Employment Law Tracker. For COVID-19 workplace litigation trends, see COVID-19 Workplace Litigation Trends. Also see state and federal COVID-19 legislative, regulatory, and executive order updates from State Net, which are available here. For information on drafting workplace safety policies, see Workplace Safety Policies: Key Drafting Tips. For a workplace safety policy, see Workplace Health and Safety Policy (with Acknowledgment). For information on drafting emergency procedure policies, see Emergency Procedure Policies: Key Drafting Tips. For an emergency response procedures document, see Emergency Response Procedures. For state-specific templates on OSHA Act compliance, employee heath, and workplace security, see OSH Act Compliance, Employee Health, and Workplace Security State Practice Notes Chart. For best practices regarding telecommuting employees, see Telecommuting Employees: Best Practices Checklist.