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Vaccination

Update: On May 9, 2023, President Biden signed an Executive Order revoking Executive Order 14043, which had required vaccination for Federal civilian employees. Effective May 12, 2023, all prior guidance from the Safer Federal Workforce Task Force (“Task Force”) implementing the requirements of Executive Order 14043 has also been revoked. Task Force guidance on other Federal agency safety protocols remains in effect.


Q: Should agencies require or request employees and potential employees to provide information about their vaccination status?

Consistent with CDC’s guidance, for most Federal workplaces, COVID-19 workplace safety protocols currently do not vary based on vaccination status or otherwise depend on vaccination information, regardless of the COVID-19 hospital admission level for the county where the Federal workplace is located. Where this is the case, 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, including documentation of proof of vaccination from employees and potential employees subject to those requirements, as can agencies with other setting-specific dependencies on collecting vaccination information from employees in those settings. Such agencies should consult with the agency’s General Counsel and the agency’s Senior Agency Official for Privacy on such requirements, including related to information collection.

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.

Q: If agencies require that employees provide information about their vaccination status because of an agency-specific vaccination requirement or an approved setting-specific dependency on collecting vaccination information, may agencies require documentation from employees to prove vaccination status?

A: Yes. If agencies require that employees provide information about their vaccination status because of an agency-specific vaccination requirement or approved setting-specific dependency on collecting vaccination information, agencies may require documentation from employees to prove vaccination, subject to those authorities or requirements, even if an employee has previously attested to their vaccination status. In requesting such information, agencies must comply with any applicable Federal laws, including requirements under the Privacy Act and Rehabilitation Act of 1973.

Q: How should agencies maintain any documentation provided by employees regarding vaccination?

A: Agencies must continue to preserve their vaccination information collection systems and information collected to date from employees in accordance with the Federal Records Act and other records requirements.

If an agency requires that employees provide information about their vaccination status because of an agency-specific vaccination requirement or approved setting-specific dependency on collecting vaccination information, the agency may develop its own processes, systems, tools, and applications, related to those requirements or dependencies, to both collect and maintain the required information, in compliance with all applicable laws and in accordance with its agency record management policies.

The collection and use of this information for many agencies is subject to the OPM/GOVT-10 Employee Medical File system of records notice (SORN) and OPM regulations (5 C.F.R. part 293, subpart E). Under those rules, each agency should have written instructions for its Employee Medical Folder (EMF) system with appropriate safeguards. Employees should be provided with a Privacy Act statement at the point of collection of this information. Agencies that are not subject to OPM’s regulations (or who employ categories of employees not covered by OPM/GOVT-10) should give their employees an alternative Privacy Act or comparable statement, as applicable. As a general rule, this information should not be maintained in the Official Personnel Folder.

Agencies are encouraged to take steps to promote employee privacy and agency IT security, while also providing the relevant information to those in the agency who need to know in order to implement the safety protocols. Agencies should consult with their Agency Records Officer, Chief Information Officer, Senior Agency Official for Privacy, and General Counsel to determine the best means to maintain this information to meet the agency’s needs.

Q: Which individuals within an agency should have access to information on employees’ vaccination status?

A: The Privacy Act permits disclosure within the agency to employees “who have a need for the record in the performance of their duties.” 5 U.S.C. 552a(b)(1). Agencies should only disseminate information to the appropriate agency officials who have a need to know to ensure effective implementation of the safety protocols, which, in many cases, will include the supervisor level. Agencies must comply with the requirements of the Privacy Act at all times. Agencies should consult with their Senior Agency Official for Privacy on any questions related to Privacy Act requirements.

Q: Is onsite verification of vaccination status for Federal employees required as a condition of entry to GSA-controlled facilities?

A: No, onsite verification of a Federal employee’s COVID-19 vaccination status is not required as a condition to enter GSA-controlled facilities. Security officers at GSA-controlled facilities will admit any Federal employee with a valid PIV card to the facility without requiring onsite proof of vaccination.

Enforcement of applicable workplace safety protocols, including any required testing for Federal employees with approved or pending exceptions, is the responsibility of occupant agencies.