The last two months on the vaccine front have been busy ones. In Washington, more cities are deciding to begin their own vaccine mandates as a condition of employment, while other larger cities that did not plan on vaccine mandates may be required to do so because of an upcoming federal labor regulation (discussed separately in this edition of HR Insights). Here, we overview the various state COVID-19 policies that may impact cities in the coming months.

Gov. Inslee’s state vaccine mandate: Governor Inslee announced his first vaccine mandate for state workers, state contractors, and public and private health care workers on August 9. Under the mandate, workers are expected to be fully vaccinated by October 18 as a condition of employment, unless they qualify for a medical or religious exemption. No other forms of exemption are being considered. The City of Seattle and King County announced similar vaccine requirements for their workers on the same day. Some city employees, such as firefighters, EMTs, and paramedics, were included in the original mandate. City police are not covered by the state’s vaccine mandate.

The Governor later updated the vaccine mandate to include workers in “education settings,” a designation that was primarily designed to capture teachers and school staff. It has also been interpreted to apply to a limited number of city parks and recreation programs that could be considered a form of childcare, though most parks and recreation staff do not fall under the mandate. We wrote about the Governor’s office guidance on this issue here.

On September 27, the Office of Financial Management released data showing that 68% of state employees had been vaccinated as of September 20 (more recent data is not yet available), which represented a 19% increase in the number of vaccinated state workers from the beginning of September. However, several thousand workers have requested exemptions which will still need to be processed. The Governor’s vaccine mandate FAQ page has up-to-date guidance on interpreting the state mandate. The Governor’s office has also released templates for religious and medical exemption request forms and example guidance for Human Resources staff who evaluate religious exemption requests. Cities considering their own vaccine mandates can use these as a model for their exemption processes if they choose.

Collective bargaining on vaccine mandates: The Governor’s vaccine mandates for state workers required bargaining with state employee unions over the impacts of adding vaccination as a condition of employment. In early September, the Washington Federation of State Employees (WFSE) and the Governor reached a deal on implementing the vaccine mandate. The deal was ratified by WFSE’s membership with 80% of the vote in favor. We wrote about the agreement here. The state’s deal may serve as a model for cities that need to bargain over the impacts of their own local vaccine mandates.

The agreement outlines a procedure for employees to make up their vaccine requirement if their medical or religious exemption request is denied. Employees that are denied an exemption can use up to 45 days of paid or unpaid leave to get fully vaccinated. If a worker requested an exemption by September 13, but the request is still under review by October 18, the worker will not lose pay until an exemption decision is reached.

The deal also allows unvaccinated workers to retire at the end of 2021, rather than face immediate termination. Unvaccinated workers that plan to leave state employment must submit retirement paperwork by October 18 in order to use accrued leave up to their official retirement date. State workers that are vaccinated will receive one extra day of personal leave that they can use at any point in 2022. The agreement outlines the exemption application process and requires that decisions be made in a timely matter. You can read WFSE’s highlights of the deal here. On October 4, the Governor also said that he would extend the agreement’s provisions to non-represented state employees.

In late-September, King County and the City of Seattle reached agreements with most of their unions on implementing their own vaccine mandates. King County’s agreement affectively extends the deadline for full vaccination to December 2 for unvaccinated employees that do not qualify for an exemption if they have started their vaccine regimen by the original October 18 deadline. County workers will be paid time off for vaccine side effects, and two weeks of additional paid leave if they test positive for COVID-19 and need to quarantine.

Seattle’s agreement similarly extends the deadline for full vaccination if unvaccinated employees begin the vaccine regimen by October 18. It gives an extra vacation day to workers who are fully vaccinated by October 18, establishes processes for exemptions and accommodations, and provides additional paid leave for workers who test positive for the virus and need to quarantine. The agreement provides for up to $1,750 in premium pay for frontline city employees who have worked in-person during the pandemic.

Department of Labor & Industries (L&I) masking rules: On September 13, L&I issued new guidance on preventing the spread of COVID-19. The guidance accounts for the Department of Health’s updated statewide indoor masking order, which requires all people (vaccinated or not) to wear face masks in indoor public settings and encourages masks in crowded outdoor settings. The L&I guidance states that employers in public spaces must:

• Require universal indoor masking for all employees and customers in public spaces;
• Post signs giving notice of the mask requirements and provide training on COVID-19 prevention;
• Provide free masks to employees when a mask is needed;
• Keep employees who have potentially been exposed to the virus separate from others;
• Provide written notice of potential exposures to all employees;
• Report outbreaks of ten or more employees at a workplace or worksite with more than 50 employees to L&I.

In non-public spaces, the guidance allows employers to permit verified, fully vaccinated employees to remove masks indoors or for workers of any vaccination status to remove their masks when they are working alone with little expectation of contact with others. It also reminds employers that employees are generally permitted to voluntarily wear masks if they are not already required by the employer. You can see more information about L&I’s rules and COVID-safe workplace recommendations here.