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President Joe Biden Issues Executive Order to Require Vaccine Mandate or Frequent Testing

Wednesday, September 29, 2021
President Joe Biden Issues Executive Order to Require Vaccine Mandate or Frequent Testing

President Joe Biden issed an Executive Order on September 9, 2021, requiring all US employers with 100 or more employees to require COVID-19 vaccinations or a weekly negative test result before coming to work. This is all available in the Path Out of the Pandemic, the White House’s COVID-19 Action Plan.

Vaccination or Weekly Testing Requirement

The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.

Paid Time Off for Vaccinations

To continue efforts to ensure that no worker loses a dollar of pay because they get vaccinated, OSHA is developing a rule that will require employers with more than 100 employees to provide paid time off for the time it takes for workers to get vaccinated or to recover if they are under the weather post-vaccination. This requirement will be

implemented through the ETS. 

Medicare Reimbursement

In addition, Biden will announce that the Centers for Medicare & Medicaid Services (CMS) will require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings and home health agencies.

Additional Requirements for Federal Workers/Contractors

Further, the President also will unveil an executive order that requires all federal workers and contractors to be vaccinated against COVID-19. This step expands on the President’s July requirement that provided regular testing as an acceptable option to vaccination.

This alert was provided by Guardian HR Compliance by Benefit Comply. For more information on employer HR compliance support please visit

While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting or other professional advice or services. Readers should always seek professional advice before entering into any commitments.

Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.

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