Vaccination Mandate Deadline Extended for Federal Contractors

On November 10, 2021, the Safer Federal Workforce Task Force released updated Guidance for Federal Contractors and Subcontractors, which extends the date for covered contractor employees to be fully vaccinated to January 18, 2022. Earlier Guidance required federal contractor employees to be fully vaccinated by December 8, 2021.

The Task Force's revision follows the Biden Administration's announcement on November 4, 2021, related to OSHA's vaccination requirements for employers with 100 or more employees and CMS' vaccination requirements for healthcare workers. In order to help streamline implementation, the Biden Administration modified the prior requirements to set one deadline for compliance with the various mandates, recognizing there may be companies that are subject to multiple requirements.

Federal contractor employees must now receive their final vaccination dose—either their second dose of the Pfizer or Moderna vaccines, or a single dose of the Johnson & Johnson vaccine—by January 4, 2022. Under the Guidance, an individual is not considered "fully vaccinated" until two weeks after they have received a final vaccination dose.

The Task Force's Guidance now requires federal contractor employees to be fully vaccinated by January 18, 2022. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract.

The Task Force also updated the FAQs for Federal Contractors on November 1, 2021, to provide links to sample signs for use at covered contractor workplaces.

The facts, laws, and regulations regarding COVID-19 are developing rapidly. Since the date of publication, there may be new or additional information not referenced in this advisory. Please consult with your legal counsel for guidance.

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