Groups Urge White House to Extend Vaccine Mandate Deadline for Federal Employees

Several federal workforce organizations have recently advocated for extending the federal employee vaccine mandate deadline align with the federal contractor deadline. The federal contractor deadline was recently extended in January 2022. In other vaccine mandated related news, the American Federation of Government Employees (AFGE) announced at least one agency has entered a Memorandum of Understanding with the management regarding vaccine mandate implementation.

The Safer Federal Workforce Task Force announced updated guidance further extending the vaccine mandate for federal contractors to January 18, 2022 – the initial extension announced by the White House on November 4, 2021 set the deadline as January 4 to comply with mandates from the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare and Medicaid Services (CMS) set for private companies with 100 or more employees.

On November 9, before the second extension for federal contractors was announced, American Federation of Government Employees (AFGE) urged the Biden administration to extend the federal vaccine mandate deadline for federal employees to January 4, 2022, to align with federal contractors.

In a letter to the White House, Office of Management and Budget (OMB), and Office of Personnel Management (OPM), AFGE alleges the differing deadlines for federal employees and contractors has resulted in "confusion" and "distress" for people, who, in many cases, work side by side.

“While we share the administration’s goal of beating the pandemic and appreciate the vital role of vaccination in this effort, setting different compliance deadlines for employees vis-à-vis contractors is both harmful to morale and substantively unjustified,” stated AFGE National President Everett Kelley, “Federal workers should be able to complete the holiday season without the threat of discipline looming over them.”

Similarly, Federal Law Enforcement Officers Association’s (FLEOA) National President Larry Cosme questions why federal employees are not afforded accommodations while contractors and private employees are.

“Mr. President, your mandates have in effect created at least three different classes of individuals, each with different vaccine requirements, but any of which will have contact with the other. We not only find these differing mandating requirements puzzling, since many of these individuals will occupy the same spaces, but we also find it shocking that you are the most punitive towards federal law enforcement officers, who have worked on the front lines through the pandemic keeping our nation safe without hesitation,” stated Cosme.

As previously reported by FEDmanager, President Biden mandated through executive order all federal employees to be fully vaccinated by November 22. Federal employees should have received their last dose no later than November 8. OPM has subsequently advised agencies to begin the disciplinary process for unvaccinated employees on November 9, as explained in Attorney Conor Dirks’ case law update.

In response to inquiries regarding a possible extension, OMB spokesperson cited remarks made by White House COVID-19 Coordinator Jeff Zients on October 20, stating that the vaccine mandate will not disrupt government operations and stressing a counseling and education period before the commencement of termination procedures.

“The purpose of this requirement is to protect the federal workforce. The vast majority of the federal workforce wants to know that they’re safe in the workplace because their coworkers are vaccinated," added the OMB spokesperson.

The AFGE Council 238 announced its entry into a Memorandum of Understanding with the Environmental Protection Agency (EPA) management regarding vaccine mandate implementation, choosing to make a deal with the agency than engaging with the whole of the Biden Administration.

According to Council 238’s Chief Negotiator Joyce Howell, over 90% of the bargaining unit's 7,500 members are fully vaccinated.

“The [memorandum] ensures that Council 238 bargaining unit employees requiring exceptions to the mandate will receive due process as provided under the Council’s Master Collective Bargaining Agreement while at the same time protecting the safety and health of the overall bargaining unit,” stated Howell.

While AFGE's position on the vaccine mandate remains unchanged, AFGE Council of Prison Locals C-33, the national division that represents BOP employees, recently filed a lawsuit challenging the Biden Administration in the U.S. District Court for the Southern District of Florida.

The future of the vaccine mandate will be clearer when the Federal Acquisition Regulatory Council is releases its expected report amending contracts to incorporate the vaccine mandate on November 17.


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