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COVID Emergency Ends

COVID Vaccine Requirements for Federal Employees Ended May 11, 2023

               On May 1, 2023 the White House announced the end of the COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers effective May 11, 2023.

Also in early May, the Office of Personnel Management (OPM) told Federal Employee Health Benefit (FEHB) Carriers they must continue to cover benefits for the diagnosis, prevention, and treatment for COVID-19 even after the expiration of the emergency.   OPM said the Carriers:

Must continue to cover laboratory and over-the-counter (OTC) COVID19 diagnostic tests including associated items and services for furnishing those tests. Carriers may impose, but are encouraged to waive, cost-sharing (including deductibles, copayments, and coinsurance) and medical management (including prior authorization) for COVID-19 diagnostic tests and associated items and services furnished after the end of the PHE.

OPM also encouraged Carriers to provide notice to covered individuals about changes to key information about their COVID-19 benefits (e.g., date when the Carrier would begin to impose cost-sharing requirements).  And Carriers must continue to cover, without cost-sharing, COVID-19 vaccines (including their administration), and any other qualifying coronavirus preventive services intended to prevent or mitigate COVID-19 on an in-network basis.

               The end of the COVID-19 emergency means that Agencies should pause any efforts to require, request, or collect vaccination status information for the purposes of implementing agency COVID-19 workplace safety protocols. Agencies with employee COVID-19 vaccination requirements pursuant to agency-specific authorities—i.e., requirements that are not premised on Executive Order 14043—may continue to require that employees provide information about their vaccination status.

When agencies pause requiring, requesting, and collecting vaccination status information, such agencies must continue to preserve their vaccination information collection systems and the information collected to date from employees in accordance with the Federal Records Act and other records requirements.  Verification of a Federal employee’s COVID-19 vaccination status is not required as a condition to enter GSA-controlled facilities.

The latest guidance states that agencies still should grant administrative leave of up to four hours for employees who are receiving a vaccine dose or to accompany certain family members for that purpose, as well as up to two days of administrative leave for recovery from any adverse side-effects.  Employees generally now must use sick leave or other personal time off if they are isolating because they have COVID-19 symptoms and do not feel well enough to telework.

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