In accordance with the State Public Officer Order issued on July 26, employers must establish a method to track unvaccinated or incompletely vaccinated workers for weekly COVID-19 testing.
*Definitions: For purposes of this Order, the following definitions apply:
A. "Fully vaccinated" means individuals who are considered fully vaccinated for COVID-19: two weeks or more after they have received the second dose in a two-dose series (Pfizer-BioNTech or Moderna or vaccine authorized by the World Health Organization), or two weeks or more after they have received a single-dose vaccine (Johnson and Johnson [J&J]/Janssen). COVID-19 vaccines that are currently authorized for emergency use:
B. "Incompletely vaccinated" means persons who have received at least one dose of COVID-19 vaccine but do not meet the definition of fully vaccinated.
Employers must verify and document an employee’s vaccine status. CDA Practice Support has resources available to help you with this.
Sample Employee COVID-19 Vaccination At-a-Glance Tracking Form
Self-Certification of Employee Vaccination Status
Employers need to reimburse such common expenses as work-related travel and expenses incurred within the scope of employment.
Employee expenses should be paid for costs associated with the COVID-19 test that are not otherwise covered by insurance, the time traveling to and from the testing site (in excess of the employee’s regular commute time) and time spent testing.
The rate of pay for non-exempt (hourly) employees the time spent testing (non-productive work time) can be a paid at their regular rate of pay or reduced rate no lower than current state or local minimum wage. If employers should choose to establish a second reduced wage for weekly COVID-19 testing and travel time, employers should notify employees in advance (at least 15 days) of the new testing and travel wage rate.
Employers who wish to implement a reduced wage for employee training and other non-productive time may use the Training and Non-productive Work Time Rate Sample Policy template to inform, document and collect employee acknowledgements for new practice policy.
Use a Change in Relationship Form to document the reduced weekly COVID-19 testing and travel time rate and provide an updated Notice to Employee form.
Should a non-exempt (hourly) employee undergo weekly testing outside of work hours, employers should track and calculate for any applicable overtime and calculate for the highest rate paid or the Weighted Average Rate for any overtime incurred by the employee.
Exempt (salaried) employees should be reimbursed for any costs associated with mileage and testing. No additional wage compensation is required for exempt employees.
The 2021 IRS mileage rate is 56 cents for every mile of business travel driven.
For the most recent rate, visit the IRS website. The mileage rate is based on the study of vehicle operating cost that is conducted annually for the IRS.
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