The Biden administration Aug. 18 issued additional guidance on COVID-19 vaccination and testing, directing agencies to urgently negotiate with unions on COVID testing plans for the unvaccinated.
“Since agencies need to act quickly due to the COVID-19 emergency and to protect the health and safety of onsite employees, contractor employees, and visitors, agencies should engage with employee unions at their earliest opportunity as they develop agency-specific testing plans and otherwise satisfy any applicable collective bargaining obligations under the law at the earliest opportunity, including on a post-implementation basis where appropriate,” read the Frequently Asked Questions from the Safer Federal Workforce Task Force.
Here are some important points in the administration’s latest guidance on testing:
- Employees who have refused to provide their vaccination status must be tested at least once a week. They should not be tested more than twice a week.
- Agencies will pay for the cost of testing.
- Employees can take the test during normal work hours and don’t need to take administrative leave. Travel costs can be reimbursed.
- Unvaccinated employees who refuse to take a test may face disciplinary action and may be prohibited from entering the worksite.
- Employees who are unvaccinated or refuse to provide vaccination information but are working from home do not have to take a COVID test if they don’t have to come to the worksite.
- Unvaccinated employees who refuse to be tested and can’t telework will be put on administrative leave until the issue of disciplinary action is resolved.
- Agencies should review and consider providing reasonable accommodation for employees who cite a disability or religious issue as a reason for not being tested. While the issue is being resolved, the agency may direct the employee to work from home. If the employee’s duties cannot be performed from home, the employee should be granted administrative leave. If the employee’s request for accommodation is denied and the employee refuses to take a test, the employee may face disciplinary action.