09/11/2021
PRESIDENT BIDEN’S COVID-19 ACTION PLAN AND PUBLIC SCHOOLS
On September 9, 2021 President Joe Biden announced a range of federal initiatives to combat the COVID-19 pandemic and to ameliorate its consequences. While we await the issuance of Executive Orders and/or federal regulations setting forth the exact parameters of these new rules, public schools will likely require guidance regarding many of the as-yet unclear aspects of these new requirements, and will need answers to the following questions regarding them:
1. Requirement that all employers with 100 or more employees ensure that their workers are vaccinated or tested weekly.
When will the federal Occupational Safety and Health Administration (OSHA) issue rules setting forth this requirement?
The White House website says this will affect “80 million workers and private sector businesses”. Will it also affect public school districts?
Who pays for the weekly testing?
When will such rules go into effect?
How will this requirement be enforced?
2. Requirement that employers with 100 or more employees provide paid time off for employees to get vaccinated and recover from vaccinations.
When will OSHA issue such rules and when will they take effect?
Will such rules be applied retroactively so as to require employers to reimburse employees who lost such pay earlier during the pandemic?
What are the TRS and IMRF implications, if any, of any such federal mandates?
3. Requirement that staff in Head Start programs be vaccinated.
When will the federal Department of Health and Human Services (HHS) issue rules placing this requirement into effect?
Will HHS announce a grace period for school personnel to come into compliance?
Will HHS allow these school personnel the alternative of weekly COVID-19 testing?
What consequences will school personnel or school districts face in the event of noncompliance?
We will continue to monitor the federal government’s implementation of the President’s new initiatives. Those with questions regarding the impact of these new requirements upon their School District are encouraged to call the Attorneys at Zukowski Law Offices.