UNIVERSITY PARK, Pa. — While the University continues to monitor the legal challenges to the various federal COVID-19 vaccination requirements, Penn State has determined that, if the injunction against the federal contractor vaccine mandate is lifted by the courts, it will apply to all Penn State locations.
Under an executive order issued by President Joe Biden in September, the federal contractor vaccine mandate applies to employees in buildings even where no federal contracting work takes place, unless the institution can “affirmatively determine” that none of its employees who are not covered by the federal mandate will come into contact or interact with an employee who is covered by the mandate, such as a visiting employee from University Park or another covered campus. The University has concluded that it is not practicable to have different standards at various campuses because many Penn State employees work, collaborate and interact on multiple campuses and at locations across the commonwealth.
In effect, this means that every Penn State employee — including faculty, staff, technical service employees, Penn State Extension staff, students supported on wage payroll — and also graduate students supported on graduate assistantships — will need to be either fully vaccinated against COVID-19 or have an approved medical/disability or religious-related accommodation by Jan. 4. For this reason, the University is strongly encouraging all employees who are not already fully vaccinated against COVID-19 to start the vaccination or accommodation-request process now. There is no option under the federal contractor mandate for individuals to take a weekly COVID-19 test instead of becoming fully vaccinated, however, individuals with an approved accommodation will be required to test weekly for COVID-19.
Employees who wait until Jan. 4 or later for their final dose will be in a weekly testing protocol for an additional two weeks until they are considered fully vaccinated. If the injunction is lifted, the University will rely on existing Penn State policies and Human Resources procedures, including potential disciplinary actions, that are already in place for individuals covered by the federal contractor mandate who do not receive an approved accommodation or receive their final vaccine dose by Jan 4. However, given the length of time it takes to become fully vaccinated, the University will be flexible with employees who are either in the process of becoming fully vaccinated or are waiting on an accommodation decision.
The University is closely watching the legal developments and will share any updates regarding the federal contractor mandate and Penn State’s plans to comply with the mandate on Dec. 30.
Uploading proof of vaccination
All three authorized COVID-19 vaccines are readily available at hospitals, urgent care centers, doctor’s offices and pharmacies. Providers can be easily located by visiting Vaccines.gov.
At this time, individuals are considered fully vaccinated after receiving either their second dose of the Pfizer and Moderna vaccines or the single dose of the Johnson & Johnson vaccine. The University is strongly encouraging all students, faculty and staff to receive a booster shot in accordance with guidance from the Centers for Disease Control and Prevention (CDC), however, a booster shot is not currently required to meet University or federal requirements. The University will advise the Penn State community if this CDC guidance changes to include a booster vaccine shot to be considered fully vaccinated. If this occurs, information will be provided on how to upload third-dose information to the University.
Unless the injunction remains in effect, after receiving the required dose, individuals need to share with the University proof that they are fully vaccinated — providing proof is not optional. Instructions on how to upload proof of vaccination are available on Penn State News. Individuals who have already uploaded an image of their COVID-19 Vaccination Record Card do not need to take any action.
The University and Teamsters Local Union 8 have bargained about the effects of any valid, enforceable vaccine mandate for federal contractors. As of now that federal mandate is on hold by the federal court thus not requiring any technical service employees to be vaccinated or tested. In the event that the federal contractor vaccine mandate is reinstated by the federal courts, the University and Teamsters will follow the terms of their agreement and will bargain about the effects of the federal contract vaccine mandate, including a new effective date of any vaccine mandate. The agreement includes terms that describe the addition of other campuses to the vaccinate mandate. Specifically, the University must notify the Union and bargain over the implementation of the vaccine mandate at additional commonwealth campuses.
Visit virusinfo.psu.edu for the latest information on vaccination requirements and other COVID-19 topics affecting Penn State.