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Friday, August 12th, 2022
Federal Employee Handbooks



FEDWEEK




ALL’S (STILL) QUIET (FOR NOW) ON THE VACCINE MANDATE FRONT

Published: May 17, 2022
More in: Fedweek
Image: Mykola Tys/Shutterstock.com

Now more than a month since a federal appeals court cleared the way for the
return of the Coronavirus vaccine mandate for federal employees and a request by
the Justice Department to reinstate it immediately, things remain in limbo.

However, that state likely will not continue much longer. The ruling by the
Fifth Circuit appeals court will take effect by default May 31. That would clear
the way for agencies to restart disciplinary procedures that had started in
early January before a federal district judge had imposed the injunction later
in that month.

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In most cases, that had started with letters of counseling or warning that
unvaccinated employees were subject to discipline (up to and including firing
unless they had a pending or approved request for an exception on religious or
medical grounds). The next phase under pre-injunction guidance would be one or
more unpaid suspensions, then potentially firing.

There have been no reports of firings that were ordered under the mandate when
it was in effect earlier, although the VA has reported firing a half-dozen
employees in its medical branch for failing to comply with its own mandate. The
injunction did not affect the VA because that department had issued its own
mandate for those employees before President Biden issued the government-wide
mandate.

Reinstating the mandate policy also would mean that agencies would again begin
wading through requests for exemptions, which have been estimated to number
about 100,000. The injunction also had prevented further action on those
requests, although it didn’t prevent agencies from receiving them.

However, as has been the case so often in the back-and-forth over the mandate,
changes of direction are possible. The full Fifth Circuit still could decide to
rehear “en banc” the 2-1 decision of a panel that upheld the mandate, raising
the question of what would be the status during that process, which could
consume many more months.

An appeal to the U.S. Supreme Court also has been considered a possibility all
along, given that the case could be used to decide to what extent federal
employees can take complaints straight to court rather than first go through the
MSPB or negotiated grievance processes.

Further, after the Fifth Circuit’s most recent action, the Fourth Circuit
federal appeals court and the federal district court in the District of Columbia
have ruled against challenges to the mandate, also on jurisdictional grounds.
Because of those rulings, courts other than the district court that issued the
injunction have not addressed issues underlying the challenges regarding a
President’s authority over the federal workforce in general and over a vaccine
mandate in particular.

Meanwhile, in a filing in a separate case, the NTEU union has asked the U.S.
Supreme Court specify rights to go directly into federal court, saying that
taking complaints through administrative channels is “a lengthy process and it
leaves federal employees vulnerable to potentially illegal actions that infringe
on their legal rights in the workplace.”

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> Report Faults DHS Employee Vaccination Program
> 
> Proposed Covid Exposure Bonus for TSA Employees Could Set Precedent
> 
> Committee Rejects Proposal to Revive Trump’s Federal Personnel Policies
> 
> MSPB Backs Employee Protections in Performance-Based Discipline
> 
> Federal COLA Count Hits 6 Percent
> 
> TSP Responds to Criticisms of Fees, Other Investment Window Policies
> 
> Report: Unfunded Liability of Federal Retirement Program Already Peaked

> 2022 Federal Employees Handbook





More in: Fedweek
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POST NAVIGATION

 * ← Report Faults DHS Employee Vaccination Program
 * EEOC Sees Mixed Picture on Hiring, Retention of Those with Disabilities →


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ALSO IN FEDWEEK

 * COLA Count Retreats a Bit off 9 Percent High
 * Pay Gap Figure Put at 22.47 Percent; More Feds Could Join Higher-Paying Zones
 * Salary Council Sets Aside Trump-Era Ideas on Pay Comparisons
 * 40,000 Fewer TSP Investors Feeling Like a Million Bucks

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FEATURED

Bill before Senate Would Alter Retirement Savings, Distribution Policies
posted on August 10, 2022

--------------------------------------------------------------------------------

Your FERS Annuity is Worth More Than You Think
posted on August 8, 2022

--------------------------------------------------------------------------------

Pay Gap Figure Put at 22.47 Percent; More Feds Could Join Higher-Paying Zones
posted on August 9, 2022

--------------------------------------------------------------------------------

PACT Act Passes for Veterans Exposed to Burn Pits, Agent Orange, and Radiation
posted on August 12, 2022

--------------------------------------------------------------------------------

Standard Form 50: Keep Each One in a Safe Place
posted on August 9, 2022

--------------------------------------------------------------------------------

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TSPG FundF FundC FundS FundI FundAug 1116.99 ~19.03 ~64.11 ~69.66 ~33.96 ~Aug
1016.99 ~19.12 ~64.14 ~69.64 ~33.95 ~

View TSP chart

TSPG FundF FundC FundS FundI FundYTD1.41 %-7.86 %-12.58 %-20.48 %-14.77 %Jul0.26
%2.47 %9.22 %10.32 %5.15 %1 yr2.02 %-8.87 %-4.64 %-21.59 %-13.46 %

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