Episode 36: Updates on the federal vaccine mandate

November 11, 2021

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Episode details

As a follow-up to Episode 34 on the federal vaccine mandate, Unum employment law and compliance expert Ellen McCann joins guest host Nate Smith with updates for employers on OSHA’s most recent guidance, outlining what employers need to know, what clarifications occurred with OSHA’s guidance and important timelines to consider.*

  • Employers with 100 or more employees will need to choose which route to take. Under OSHA’s Emergency Temporary Standard, employers can choose between requiring 1) All employees to be vaccinated 2) Employees to choose between weekly testing or full vaccination. [3:15]
  • The mandate plan has several components that relate to different type of employees. For example, employees who work exclusively from home will not be subject to this mandate. In this case, they will need to be tested before coming into the workplace. [4:58]
  • These new requirements are set to go into effect in the near future. OSHA has published a chart on their website that shows compliance dates and requirements. [7:05]
  • No matter which route employers take, precise record-keeping will be critical. Supportive solutions will help employers manage the complex requirements, from proof of vaccination status to testing results to vaccination exemptions. [8:41]
  • The right technology solution can help employers. Systems like Unum Vaccine Verifier make it easy for employers to maintain an accurate, up-to-date vaccination and test result roster in one place. [15:43]
  • How do recent court rulings impact employers? The 5th Circuit Court of Appeals has issued an injunction, halting the mandate for the time being. Be on the lookout for more information as the case proceeds. [19:24]
  • Additional resources: How the federal vaccine mandate may affect employers.

*Currently subject to a temporary stay by the 5th Circuit Court of Appeals.

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Ellen McCann

Assistant Vice President, Unum Group Solutions

Ellen McCann is an acclaimed national speaker on leave management issues including FMLA and ADA. She is also a certified trainer for SHRM and CE credit. As a former Legal Counsel for Unum’s Employment Law Group, Ellen has advised companies on all employment-related legal issues. In her current role, Ellen serves as a leading expert in applying benefits and benefits technology to power modern solutions to more effective employee leave programs, stronger regulatory compliance and enhanced digital HR transformation.

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These resources are not intended to constitute legal advice and are for general educational purposes only.
If you need legal advice on a particular situation, please contact your own attorney.