City of Chicago COVID-19 Vaccination Policy Effective: October 8, 2021
City of Chicago COVID-19 Vaccination Policy
Effective: October 8, 2021
I. Purpose
Consistent with its duty to provide and maintain a workplace that is free of recognized hazards, the City of Chicago (“City”) has adopted this policy to safeguard the health and well-being of employees, and the residents that spend time in our facilities or interact with City employees as they receive City services. This policy is intended to comply with all federal, state, and local laws. All employees must continue to comply with any applicable safety requirements related to COVID- 19.
II. Scope and Applicability
This Policy applies to all City employees, personnel of contractors and vendors who have regular direct contact with, or regularly work in close proximity to, City employees, and volunteers. It does not apply to visitors.
III. Limitations
Nothing in this Policy is intended to nor shall be construed to provide a private right of action against the City or any of its employees. Furthermore, no part of this Policy shall be construed to create contractual or other rights, obligations, or expectations.
IV. Policy
A. Effective October 15, 2021, City employees, as a condition of employment, and personnel of contractors and vendors as outlined in Section II., must either be fully vaccinated against COVID- 19 or undergo COVID-19 testing as set forth in Section IV.B. You are considered fully vaccinated 14 days after receiving the final dose of a two-shot vaccine (Moderna or Pfizer) or a dose of a one-shot vaccine (Johnson & Johnson). All City employees who are fully vaccinated by October 15, 2021shall receive one (1) personal day that must be used by June 30, 2022. The personal day granted by this Policy shall not count toward the carryover day limit contained in an employee’s applicable collective bargaining agreement.
B. Employees, volunteers, and contractors who are covered by this policy who are not vaccinated, for reasons including but not limited to verified medical conditions or restrictions or sincerely held religious beliefs (as discussed in Section VI), must undergo COVID-19 testing on a twice weekly basis with tests separated by 3-4 days. Employees shall be responsible for obtaining tests on their own time and at no cost to the City and reporting those results in the manner described by Section VII below. This testing option will sunset on December 31, 2021. Thereafter, employees, volunteers, and contractors covered by this policy must be fully vaccinated as a condition of employment unless they have received an accommodation as described in Section VI below.
C. Employees who are not fully vaccinated by December 31, 2021, unless they have received an approved exemption as described in Section VI will be placed in a non -disciplinary no-pay status until they have become fully vaccinated.
D. Employees, volunteers, and contractors covered by this Policy with a medical condition or other medical restrictions that affects their eligibility for a vaccine, as verified by their medical
provider, or those employees with a sincerely held religious belief that prohibits them from receiving a vaccine, may request a reasonable accommodation as described in Section VI below.
E. Violations of this policy, including but not limited to, non-compliance with this Section; or providing false or misleading information about vaccination status, test results, or the need for an accommodation; or the failure to test as applicable as discussed in Section VII, will result in disciplinary action up to and including discharge.
V. Proof of Vaccination
A. Employees who receive a vaccination are responsible for scheduling and obtaining all recommended doses of an FDA-approved COVID-19 vaccine, a COVID-19 vaccine granted Emergency Use Authorization by the FDA, or the World Health Organization (WHO). Employees shall receive two (2) hours of paid leave time for each required dose of a COVID-19 vaccine.
B. All employees, volunteers, and contractors who are covered by this policy must report their vaccination status through the COVID-19 Vaccination Portal no later than October 15, 2021 , with the following information:
• The type of vaccine obtained (Moderna, Pfizer, or Johnson & Johnson);
• Date of first dose of vaccine;
• Date of second dose of vaccine for a two-shot vaccine;
• Declaration that the information submitted is true and correct; and
• Documentation verifying proof of vaccination status. Proof of vaccination can include a copy of the CDC COVID-19 Vaccination Record Card, documentation of vaccine from the employee’s healthcare provider, or documentation issued by the State of Illinois by going to https://idphportal.illinois.gov
C. Employees hired by the City after the effective date of this policy must be fully vaccinated by their date of hire or submit to the regular testing protocol outlined in Section IV, as a condition of employment. Proof of vaccination will be required prior to the employee’s start date unless the employee has received an accommodation as outlined in Section VI of this Policy. New hires who are not fully vaccinated at the time of hire, and have not received an accommodation as outlined in Section VI, must submit to regular testing outlined in section IV until they are fully vaccinated. Failure of newly hired employees to become fully vaccinated will result in their termination from employment unless they have received an accommodation as outlined in Section VI.
D. Any employee who becomes fully vaccinated after October 15, 2021 must report their change in vaccination status in the manner prescribed in Section V.B. above within three (3) business days.
E. In cases where the City has reason to believe that the vaccination information provided by the employee was not true or accurate, an employee may be required to submit verification of vaccination from a state immunization information system.
F. Employees who have not reported their vaccination status by October 15, 2021 will be placed in a non-disciplinary no-pay status until they have reported their vaccination status.
G. All employees must continue to comply with masking, testing, and other safety requirements as outlined in other City policies and directives.
VI. Accommodations
A. Disability and Medical Accommodations
1. In accordance with the City’s Reasonable Accommodation Policy, the City provides reasonable accommodations to qualified persons with a disability that enables them to perform the essential functions of their job unless such an accommodation would create an undue hardship or the accommodation would result in a direct threat to the health and safety of the employee or others. Requests for accommodations will be made on a case-by-case basis consistent with existing procedures for reasonable accommodation requests.
2. Employees who believe they need an accommodation regarding this policy because of a disability or a medical condition may request a reasonable accommodation through the Department of Human Resources. A form for requesting such an accommodation is attached to this policy as Exhibit A.
B. Religious Accommodations
1. The City provides religious accommodations to employees with sincerely held religious beliefs unless such an accommodation would create an undue hardship. Requests for accommodations will be made on a case-by-case basis consistent with existing procedures for reasonable accommodation requests.
2. Employees who believe they need an accommodation regarding this policy because of a sincerely held religious belief may request a reasonable accommodation through the Department of Human Resources. A form for requesting such an accommodation is attached to this policy as Exhibit B.
VII. Reporting Test Results
A. Employees, volunteers, and contractors who are covered by this policy who are not fully vaccinated by October 15, 2021, for reasons including but not limited to verified medical conditions or restrictions or sincerely held religious beliefs (as discussed in Section VI), shall be required to undergo COVID-19 testing on a twice weekly basis with tests separated by 3-4 days. Employees shall be responsible for obtaining tests on their own time and at no cost to the City.
B. Employees must report their test results through the COVID-19 Employee Testing Portal. Employees will be required to submit the following information:
1. The date of the test;
2. The type of test obtained;
3. The results of the test;
4. A declaration that the information provided is true and accurate; and,
5. A copy of their test results.
C. In cases where the City has reason to believe that the testing information provided by the employee was not true or accurate, an employee may be required to provide additional information, including but not limited, a written statement describing the testing process.
D. Employees who fail to report test results as required by this section will be placed in a non- disciplinary no-pay status until they report their test results.
VIII. Vaccination Encouragement
The City and signatory unions agree to encourage and support the vaccination of City employees.
IX. City of Chicago Sick Leave Policy Addendum
The City of Chicago Sick Leave Policy Addendum, attached to this policy as Exhibit C, shall remain in effect until March 31, 2022.
X. Non-Retaliation
The City prohibits retaliation against any employee seeking an accommodation as outlined in Section VI. The City further prohibits retaliation for reporting violations of this policy or any other health and safety concern. Employees have the right to report work-related injuries and illnesses and the City will not tolerate retaliation against employees for reporting work-related injuries or illnesses or good faith health and safety concerns.
XI. Policy Modification
The parties recognize that public health guidelines regarding COVID-19 and COVID-19 vaccines are rapidly changing as new information becomes available, further research is conducted, new variants develop and new preventative measures become available. As a result, it is appropriate that representatives of Labor and Management continue to meet and discuss the City’s response to COVID-19 and this Policy. Upon request, the parties will establish a working group to discuss the results of the mandatory vaccination of employees. The working group may consider available science, public health data, vaccination rates of both City employees and residents, positivity rates of COVID-19, the availability and/or need for booster shots and testing. This working group may make recommendations related to the Policy which will be considered by the City. The working group will be comprised of three representatives of the labor unions and three representatives appointed by the City, one of whom will be a health care professional from the Chicago Department of Public Health and shall meet monthly, unless the working group mutually agree to meet more or less frequently. The City and the Unions reserve the right to seek modification of this policy to adapt to changing circumstances and business needs consistent with their commitment to maintaining a safe and healthy workplace.
