In light of the increased cases and hospitalizations associated with the COVID-19 Delta Variant, today CalHR announced new COVID-19 Testing and proof of vaccination requirements.
All State agencies are mandated to establish periodic testing of non-vaccinated (or those who have not furnished proof of vaccination) employees. Additionally, self-attestation of vaccination will no longer be accepted as proof. Employees will be required to either go to the California Department of Public Health website and obtain a QR code that they have been vaccinated or provide a copy of their vaccination card.
Employees who elect not to furnish proof of vaccination will be subject to masking and periodic testing requirements. Here is a link to the CDPH web page where employees can obtain a digital copy of their vaccination record: https://myvaccinerecord.cdph.ca.gov.
Some have inquired whether requests for proof of vaccination violate HIPAA. HIPAA is a law which applies to health care providers, health plans and health clearinghouses. It does not apply to employers or employee records. Further, the State is not presently mandating proof of vaccine, though it would likely be legal if it did. Employees can elect to decline to provide proof of vaccination if they are willing to adhere to the masking and testing requirements.
Given the impact COVID-19 continues to have, particularly with the unvaccinated, CSLEA supports following the guidance of the CDC and CDPH and encourages employees to get vaccinated unless the employee has either a medical condition or legitimate religious practice which exempts them. The longer the disease continues on its present course, the greater the chance of a mutation which renders current vaccines ineffective.
CSLEA is in the process of confirming that testing will be done at no cost to the employee and on State time and how employees will be compensated for self-quarantine if mandated to do so. A copy of the CalHR notification is attached here:
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