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Vaccine mandate for large businesses is now in effect

The Biden administration’s new federal vaccine mandate for employers of 100 or more employees went into effect on Monday.
The 100 or more employee tally is for each entire company, no matter how many employees are at individual worksites.
Should the employee choose to not get the shot, they must undergo weekly testing and wear a mask at the place of employment.
Fully remote workers and staff members who work outside exclusively should be included in the 100 or more employee tally, however, they are not subject to the federal vaccine mandate requirements.
Employers must also include all temporary, seasonal, and part-time workers in the employee tally.
Employers cannot require employees to use paid leave to go get vaccinated, however, employees will be required to use their own paid leave should they miss work due to vaccine side effects.
Employees wanting to return to the workplace must provide a negative COVID-19 test seven days prior to returning.
The tests may not both be self-administered and self-read.
Employees who have tested positive for COVID-19 within the last 90 days are also not required to get the vaccine.
If an employee tests positive with an antigen test, they may return to the workplace with a negative PCR test.
Recently, the Food and Drug Administration has announced that antigen tests can provide false results.
Although the vaccine-or-test rule began Monday, OSHA announced that just the first portion – which includes a masking requirement for workers who are unvaccinated – is in effect, while the testing requirement will not be enforced until Feb. 9 “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

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