COVID-19 Vaccines: Step-by-Step Guide for Community Action

This step-by-step guide is intended to help the Community Action network be nimble with respect to their approaches to vaccines in the workplace and maintaining compliance with applicable federal mandates issued by Head Start and the Centers for Medicare & Medicaid Services (CMS). Various legal challenges to the mandates, including to the OSHA Emergency Temporary Standard and the Head Start vaccine mandate, have resulted in many CAAs no longer being subject to any federal vaccination, testing, or masking requirements. However, such CAAs may, subject to their state and local laws, voluntarily adopt their own workplace rules regarding COVID-19 vaccines, tests, and masks.

This guide helps CAAs subject to vaccine mandates as well as those voluntarily adopting a mandate think through their implementation and enforcement procedures. We describe the planning process your CAA should consider as you develop and update your COVID-19 approach. We also provide template policies and additional resources to assist your CAA in preparing for and implementing federal mandates and your own workplace rules. We will update this resource as additional guidance is issued and legal developments arise.

Neither the CMS rule nor the Head Start rule require employers to provide paid leave for employees to receive and recover from vaccinations. However, employers subject to either rule may opt to provide vaccination-related paid leave to employees. CAAs choosing to provide this paid leave for employees should review and update their written leave policies accordingly. 

Under the Uniform Guidance (2 C.F.R. § 200.431 or 45 C.F.R. § 75.431), paid leave is an allowable cost, i.e., may be paid for with federal funds, if it is reasonable, is administered under an established written leave policy, is equitably allocated to all related activities, and is charged using a consistently followed accounting basis for costing each type of leave.

OHS has also indicated in previous guidance that programs may use regular Head Start funds, as well as funds allocated by the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) and the American Rescue Plan (ARP) Acts to support staff health and wellness efforts, including providing adequate paid vacation and sick leave for staff. Indeed, OHS specifically encouraged programs to use one-time ARP and other COVID-19 relief funding to support staff retention by ensuring they have “sufficient paid leave, including to receive the COVID-19 vaccine and recover from any side effects.”

This resource is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance Center. It was created by CAPLAW in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services, Cooperative Agreement Award Number 90ET0467-03-C3. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.