November 22 is the date by which you must be fully vaccinated. You are considered fully vaccinated two weeks (14 days) after you receive your final dose of vaccine. That means you must receive your final dose of vaccine by November 8.
If you are receiving a vaccine that requires two doses, it also means you must allow 3-4 weeks between your first dose and the November 8 deadline to receive your second dose. We lay these deadlines out in clearer detail below.
You must receive your last dose of the vaccine no later than November 8, 2021, to meet the November 22, 2021, deadline to be fully vaccinated. *
The timing between the first and second shots depends on which vaccine is received. Refer to the table below to see the deadline for the first dose so you are fully vaccinated by the November 22 – and read on for further information.
Vaccine | 1st Dose By | 2nd Dose By | Fully Vaccinated |
---|---|---|---|
Pfizer-BioNTech | Oct 18 | Nov 8 | Nov 22 |
Moderna | Oct 11 | Nov 8 | Nov 22 |
Johnson & Johnson | Nov 8 | N/A | Nov 22 |
If you receive the:
Depending on your location, not all types of vaccines may be available. You should plan ahead and allow enough time to receive all required vaccine doses.
* This does not apply to Veterans Health Administration healthcare personnel, who must be fully vaccinated by October 8.
For employees of executive branch agencies, the president has broad constitutional authority, recognized within the relevant statutes governing federal employee rights, to set conditions of employment that are not in conflict with any specific legal prohibitions. A vaccine mandate does not run afoul of any such prohibitions.
Likewise, there is case law bearing directly on the issue of whether the federal government can require employees to be vaccinated as a condition of employment. In that case, two civilian employees were ordered to take an anthrax vaccine, refused, were removed from federal service, and their removal was upheld by the MSPB and Federal Circuit Court.
In short, President Biden’s legal authority for such a mandate is clear. AFGE members must comply with this vaccine mandate or risk discipline, up to and including removal.
We encourage all AFGE members to get vaccinated, and have said that changes such as this should be the subject of negotiations prior to implementation. The data is clear. Getting vaccinated isn’t just the best way for us to end this pandemic, it’s the best way for us to protect each other in the workplace. We also support exceptions for health and/or religious reasons.
Before President Biden’s September 9 announcement, AFGE released a statement reiterating our position that we expect agencies to negotiate changes related to the vaccine mandate with our bargaining units as appropriate and before implementation.
We continue to press the administration to require all agencies to meet bargaining obligations prior to implementation of this mandate. In addition, we have made clear that there must be reasonable accommodations and appropriate exceptions, e.g., medical and religious exceptions, as the order requires. While the scope of bargaining is likely to be limited, AFGE will make sure that the union has a voice in all areas that are negotiable, including procedures and appropriate arrangements, and that our collective bargaining agreements are honored.
We are distributing collective bargaining guidance to our local and council leaders that includes sample contract language to ensure reasonable accommodations for medical conditions and religious beliefs. The administration has decided to let each agency write its own instructions for seeking exemptions to the vaccine mandate. We are urging the administration to require agencies to make these instructions available in advance of any deadlines associated with the vaccine mandate.
The Centers for Disease Control (CDC) has made available a resource page that addresses information related to the COVID-19 vaccines for various groups of people, including those with allergies, people with a disability, and immunocompromised individuals, among others. If you fall into one of these categories, your questions may be addressed there.
This is a question that will be decided at the level of individual agencies. At this point, you should ask your local union or council for further clarification. If this situation changes, we will update this answer.
The Centers for Disease Control (CDC) has made available a resource page that addresses information related to the COVID-19 vaccines for various groups of people, including those with allergies, people with a disability, and immunocompromised individuals, among others. If you fall into one of these categories, your questions may be addressed there.
This is a question that will be decided at the level of individual agencies. At this point, you should ask your local union or council for further clarification. If this situation changes, we will update this answer.
The Centers for Disease Control (CDC) has made available a resource page that addresses information related to the COVID-19 vaccines for various groups of people, including those with allergies, people with a disability, and immunocompromised individuals, among others. If you fall into one of these categories, your questions may be addressed there.
The EEOC has provided additional technical guidance and information related to medical and religious accommodations, including an explanation of employees’ and employers’ rights. You may find this information helpful to review, and can view it here.
Yes.
You are eligible to get any COVID-19 vaccination dose on duty time. Agencies should grant up to 2 workdays of administrative leave if you have an adverse reaction to a COVID-19 vaccination dose that prevents you from working.
You could face disciplinary action up to and including removal from service unless your agency approves your request for exception on health or religious grounds.
If you face disciplinary action because you refuse to get vaccinated, you should contact your local union to discuss the fact-specific options in your individual case. However, you should be aware that in a relevant case, two federal employees similarly refused the anthrax vaccine, were removed from service, and their removal was upheld on appeal at the MSPB and Federal Circuit.
AFGE attorneys have thoroughly evaluated the text of the executive order and any potential legal arguments for and against it. No potential arguments or avenues were ignored. However, based on the order’s express provision for exceptions required by law, along with a long line of Supreme Court and other federal cases upholding vaccinations in the interest of public health, as well as other cases foreclosing primary court jurisdiction over a federal union’s challenge to an employment-related executive order, a direct legal challenge or lawsuit over the order is unavailable.
No. There is no general constitutional or civil right to a federal government job.
On August 23, 2021 FDA gave full approval, not just emergency use authorization, to the Pfizer vaccine. Other vaccines are expected to attain full approval in the near future. Any question about whether the government can require, as a condition of employment, a vaccine that is only under an FDA emergency use authorization is now moot given the availability of a fully approved vaccine.
In general, the HIPAA Rules do not apply to employers or employment records. HIPAA only applies to HIPAA covered entities – health care providers, health plans, and health care clearinghouses – and, to some extent, to their business associates. If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation.
Although initially reported that postal workers would be exempt from the vaccine mandate, it was later clarified that postal workers would be covered under the forthcoming OSHA regulation that applies to all employers with 100 or more employees.
You should be vaccinated regardless of whether you already had COVID-19 because:
Evidence is emerging that people get better protection by being fully vaccinated compared with having had COVID-19. One study showed that unvaccinated people who already had COVID-19 are more than 2 times more likely than fully vaccinated people to get COVID-19 again.
Accordingly, agencies will not allow proof of prior infection or a COVID-19 antibody test to substitute for a full course of an authorized COVID-19 vaccine.
The Department of Labor has posted a bulletin pertaining to adverse reactions, vaccine injuries, and workers’ compensation. The bulletin is available here. You should carefully review this bulletin and any subsequent bulletins or notices. You may also contact your local with any case-specific questions.