As a follow-up to our previous Alert on the new vaccine mandate for government contractors, and in response to questions we have received from many of you, we share the following:
What is a covered contractor?
Contracts – new contracts awarded after November 14, 2021 (and possibly for contracts awarded between October 15 and November 14). If the contract was awarded before October 15, and performance is ongoing, the vaccine mandate does not apply until an option is exercised or the contract is extended. Prime contractors will be responsible for ensuring that subcontractors incorporate these obligations into their contracts with lower-tier subcontractors.
Locations – any location controlled by a covered contractor where any employee working in connection with a covered contract is likely to be present. This means it’s not just government facilities. Corporate headquarters, civilian workplaces where administrators work—these can all be covered locations.
BIG EXCEPTION – work-from-home remote workers who are not working on a covered contract are NOT working at a covered workplace.
What documentation do you need?
- Choose from any of the following:
- The record of immunization from a healthcare provider or pharmacy
- The COVID-19 vaccination record card
- Medical records documenting the vaccination
- Immunization records from a public health or state immunization information systems
- Any other official documentation verifying vaccination with information on the vaccine names, date(s) of administration, and the name of the healthcare professional or clinic site administering the vaccine
- Attestation will NOT suffice.
- Proof of a prior COVID-19 infection or recent antibody test will NOT suffice.
The covered contract employer can review these documents, or can choose to keep a digital copy of the record.
REMINDERS
Even if the vaccine mandate applies, you may have an obligation to accommodate for disability or sincerely held religious belief.
Also – there are always exceptions and nuances to all of these rules.
Please contact your attorney if you have additional questions.
Meredith S. Campbell
Chair Employment and Labor Group
Co-Chair Corporate Investigations, Governance & Risk Management
Email [email protected] T(301)255-0550
