CAPLAW has drafted the following template policies to assist CAAs in planning their approaches to vaccines in the workplace while maintaining compliance with applicable federal mandates issued by Head Start and the Centers for Medicare & Medicaid Services (CMS). Various legal challenges to the mandates 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.

We encourage CAAs to consider practical implications for the approaches discussed by the policies, review CAPLAW’s vaccine step-by-step guide, and work with an attorney licensed in your state to ensure compliance with applicable state and local law.

Note that for CAAs who have employees who are not covered by any federal mandate the applicable template policies below represent one approach to addressing COVID-19 in your workplace. The templates are modeled on the now-defunct OSHA Emergency Temporary Standard issued in 2021 and may be modified and customized as permitted by state and local laws.

CAAs subject to the Head Start Rule:

1. Mandatory Vaccination Policy for All Employees and Individuals Covered by the Head Start Mandate (Head Start-Compliant) (updated February 4, 2022)This template is for a CAA seeking to mandate vaccinations for all employees (i.e., both individuals covered and not covered by the Head Start Rule).
2. Mandatory Vaccination Policy Only for Individuals Covered by the Head Start Mandate (Head Start-Compliant) (Head Start-Compliant) (updated February 4, 2022)This template and template #3 below are intended to be used together, and are for a CAA seeking to divide its workforce into two groups: (1) individuals covered by the Head Start Rule; and (2) employees who are not subject to the Head Start Rule. This template mandates vaccinations only for individuals covered by the Head Start Rule.
3. Vaccination or Testing and Face Covering Policy for Non-Head Start Employees (Head Start-Compliant) (updated February 4, 2022)This template and template #2 above are intended to be used together, and are for a CAA seeking to divide its workforce into two groups: (1) individuals covered by the Head Start Rule; and (2) employees who are not subject to the Head Start Rule. This provides employees who are not subject to the Head Start Rule with the option of undergoing weekly testing in lieu of getting vaccinated, as permitted by state and local laws.

CAAs not subject to any federal vaccine mandate but want to voluntarily adopt a COVID-19 vaccination policy:

4. Sample Vaccination or Testing and Face Covering Policy for All Employees (updated February 4, 2022)This template is for CAAs that want to require employees to either get vaccinated or undergo weekly COVID-19 testing in lieu of vaccination, as permitted by their state laws.
5. Sample Mandatory Vaccination Policy for All Employees (updated February 4, 2022)This template is for CAAs that want to adopt a vaccine mandate for all employees, with no option to test weekly in lieu of vaccination, as permitted by their state laws.