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MEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE UNITED STATES DEPARTMENT OF LABOR, 

THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 12, 

THE NATIONAL COUNCIL OF FIELD LABOR LOCALS, 

AND

THE NATIONAL UNION OF LABOR INVESTIGATORS 

Introduction

This is a Memorandum of Understanding (MOU) entered into between the United States

Department of Labor (DOL), the American Federation of Government Employees (Local 12),

the National Council of Field Labor Locals (NCFLL), and the National Union of Labor

Investigators (NULI) (collectively “Unions”), in accordance with the applicable provisions of

the DOL/Local 12 CBA; DOL/NCFLL CBA; and the OLMS/NULI CBA.

Background

On September 9, 2021, President Biden issued Executive Order 14043 on Requiring

Coronavirus Disease 2019 Vaccination for Federal Employees. The Executive Order and

associated guidance requires that Federal employees must be fully vaccinated no later than

November 22, 2021. The Safer Federal Workforce Task Force issued guidance which states

that, for an employee to successfully achieve the requirement no later than November 22, 2021,

they must receive their last dose of vaccine by November 8 in order to allow for 2 weeks postvaccination required by the CDC guidelines to be considered fully vaccinated. This applies to

the following vaccines: Pfizer-BioNTech (also known as Cominarty), Moderna,

AstraZeneca/Oxford, and Johnson and Johnson (J&J)/Janssen vaccines. Because the vaccines

that are approved or have emergency use authorization have differing protocols for the timing

between doses, the Task Force provided the following deadlines for the initial shot:

1. Obtain the first dose of the Moderna COVID-19 Vaccination no later than October

11,2021, and the second dose of the Moderna vaccine no later than November 8,

2021;
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2. Obtain the first dose of the Pfizer-BioNTech COVID-19 Vaccination (also 

known asCominarty) no later than October 18, 2021, and the second dose of the 

Pfizer- BioNTech/Cominarty vaccine no later than November 8, 2021; or

3. Obtain the only dose of the Johnson and Johnson (J&J)/Janssen COVID-19 

Vaccination nolater than November 8, 2021.

In addition, clinical trial participants from a U.S. site who are documented to have received the

full series of an “active” (not placebo) COVID 19 vaccine candidate, for which vaccine

efficacy has been independently confirmed, are considered fully vaccinated 2 weeks after they

complete the vaccine series.

Subject

This MOU concerns the impact and implementation of Executive Order 14043 on Requiring

Coronavirus Disease 2019 Vaccination for Federal Employees.

Definitions and Foundation

1. Coronavirus Disease 2019 and COVID-19 may be used interchangeably in this MOU.

2. An employee is fully vaccinated two weeks after the employee has received either 

the second dose of the Moderna, AstraZeneca/Oxford, or Pfizer-BioNTech (also 

known as Cominarty) COVID-19 vaccines or two weeks after the employee has 

received the sole dose of the Johnson and Johnson (J&J)/Janssen COVID-19

vaccine. If the dose regimenchanges for any vaccine or, if booster shots are later 

included in the definition of fully vaccinated, the current CDC definition of full 

vaccination will apply to all employees.

Terms of Agreement

1. Administrative Leave and Duty Time, as appropriate, for Receiving COVID-19 Vaccines,

including additional doses/boosters

Guidance on duty time for receiving the COVID-19 vaccine was communicated to all DOL

employees on September 28, 2021, and posted on LaborNet at https://labornet.dol.gov/COVID19/Employee-Messages.htm. As outlined in previous announcements, the Department is granting

administrative leave for employees to receive an additional dose of the COVID-19 vaccine (e.g. a

booster shot), to take a family member to receive any dose of the COVID-19 vaccine, and for

employees who may experience side effects (e.g., fever, chills, headache) following receipt of a

vaccination dose. The amount of administrative leave varies, and full guidance on these policies

can be found under Employee Messages on the Coronavirus Guidance and Resources page on

LaborNet at https://labornet.dol.gov/COVID-19/Employee-Messages.htm.

2. Documentation by Employee confirming receipt of the COVID-19 Vaccinations
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A. DOL maintains information on LaborNet related to how employees can obtain the

COVID-19 vaccination. (https://labornet.dol.gov/COVID-19/COVID-19-VaccineInformation.htm)

B. Employees are required to provide documentation to prove their vaccination status,

despite their obligation to previously attest to their vaccination status. Approved types

of documentation can be found on the Safer Federal Workforce Task Force at

https://www.saferfederalworkforce.gov/faq/vaccinations/

C. DOL will generally utilize VaxTrak to upload documentation confirming employee’s receipt

of the COVID-19 vaccination. VaxTrak is covered by the Office of Personnel Management

(OPM) OPM/GOVT-10, Employee Medical File System Records, System of Records Notice

(SORN) and maintained accordingly. Sharing and disposition of information regarding

vaccination status will be on a need to know basis. (see 5 USC 552a(b)(1)). If an employee

has lost their COVID-19 Vaccine card, please see: https://labornet.dol.gov/COVID19/Information-from-the-States.htm

D. DOL will maintain information on LaborNet that was provided to employees in the

VaxTrak open forums, including a demonstration of changes made to the attestation

form.

3. Update to VaxTrak Attestation

A. VaxTrak will be accessible by a link on LaborNet and is only accessible on government

furnished equipment connected to the VPN.

B. The COVID-19 vaccination attestation will be completed by the employee in VaxTrak, an

electronic system developed to track employee vaccination status and accessible by their

immediate supervisor and others in DOL with a need to know. If the documentation submitted

to VaxTrak is not clearly compliant, a subject matter expert within the Department may be

asked to review the documentation.

C. The Privacy Act protects the information contained in VaxTrak.

D. Language regarding the Privacy Act will be contained in VaxTrak.

E. Management will not use vaccination status as a means to engage in prohibited

personnel practices.

4. Medical and Religious Accommodations (Exemption)

A. DOL’s processes for Requests of Medical and/or Religious Exceptions or Delays

(Accommodations) to the COVID-19 Vaccination Requirement are on LaborNet at

https://labornet.dol.gov/COVID-19/Reasonable-and-Religious-Accommodations.htm
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B. DOL’s processes for requesting and receiving a religious accommodation (exemption) are

managed by the Civil Rights Center (CRC).

C. Employees who submitted a written statement for religious accommodation or made an

inquiry related to a religious accommodation to an appropriate Workplace Equality

Compliance Officer (WECO), the Reasonable Accommodation Resources Center (RARC),

the COVID19questions@dol.gov or the main CRC email box by October 12, 2021, received a

response by email and were provided with the DL1-7071A Request for a Religious Exception

to the COVID-19 Vaccination Requirement For and Declaration by October 12, 2021.

Employees were encouraged to submit the form as timely as possible by October 18, 2021,

however, the message indicated that submissions would be accepted after October 18, 2021.

To facilitate timely resolution to the accommodation process, employees must engage in good

faith efforts to respond back to inquiries and/or requests for additional information.

D. Should the initial request for a medical and/or religious accommodation be denied, the

employee will have ten business days to request a reconsideration of the decision.

Management retains the right to determine the official(s) who will reconsider a medical and/or

religious accommodation denial, however, the official(s) responsible for reconsidering the

decision will generally be at a Deputy Assistant Secretary level (or equivalent) for the

Agency.

E. No employee who has filed a medical and/or religious accommodation (Exemption) request

will be required to take a COVID-19 vaccine while their initial request and reconsideration (if

applicable) is being processed prior to its approval or denial by the Department.

F. Should the employee’s medical and/or religious accommodation (exemption) request and/or

reconsideration (if applicable) be denied, the employee must receive their first (or, if a onedose series, only) dose within 14 calendar days of the denial. If receiving a two-dose series,

the employee must receive the second dose within 6 calendar weeks of receiving the first

dose. Employees must upload their proof of vaccination within five business days of each

dose.

5. Office of Worker Compensation Claims

The parties recognize that the Office of Workers’ Compensation Programs (OWCP) has the sole

authority to make decisions on workers’ compensation benefits. To facilitate ensuring that

information is available to DOL employees regarding this process, DOL will maintain information

about COVID-19 related Federal Employees’ Compensation Act (FECA) claims on dol.gov

at https://www.dol.gov/agencies/owcp/FECA/InfoFECACoverageCoronavirus and

https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECABulletins/FY2020-

2024. The Office of Worker Safety, Health, and Environment (OWSHE) will provide assistance to

employees and management in the filing of any workers’ compensation claims.

6. DOL and Union Communications
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A. DOL and the Union agree to meet ninety (90) calendar days following the date this agreement

is signed regarding COVID-19 vaccinations, to discuss and review the progress of the COVID19 vaccinations program.

B. In preparation for the meeting described in #6 A. and to the extent the information is available,

DOL will provide the following aggregate data to address the following: number of medical

exemptions requested; number of religious exemptions requested; number of medical

exemptions granted; number of religious exemptions granted. The parties acknowledge that

the data will represent only a snapshot in time.

7. If a Union representative or a bargaining unit employee has questions related to the 

COVID-19 vaccine, they may continue to utilize the COVID19questions@dol.gov email 

box.

8. DOL recognizes its obligations under the Federal Service Labor Management Relations

Statute. As such, DOL will provide notice to the Unions regarding changes to processes that

may give rise to a bargaining obligation.

REFERENCE DOCUMENTS 

1. 5 USC Chapters 11 and 79

2. Executive Order 13991 and 12196 (https://www.whitehouse.gov/briefing-room/presidentialactions/2021/01/20/executive-order-protecting-the-federal-workforce-and-requiring-mask-wearing/)

(https://www.archives.gov/federal-register/codification/executive-order/12196.html)

3. Executive Order 14043 https://www.federalregister.gov/documents/2021/09/14/2021-

19927/requiring-coronavirus-disease-2019-vaccination-for-federal-employees

4. Privacy Act https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/disclosures-thirdparties

5. HIPAA https://www.hhs.gov/hipaa/for-professionals/faq/499/am-i-a-covered-entity-underhipaa/index.html

6. SORN https://www.govinfo.gov/content/pkg/PAI-2021-OPM-interim/xml/PAI-2021-OPMinterim.xml#govt10

7. Prohibited Personnel Practices https://labornet.dol.gov/me/hr/ethics/prohibited-personnel-action.htm

8. OWCP FECA Bulletin 22-01

https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECABulletins/

FY2020-2024
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9. Safer Federal Workforce Task Force Enforcement Guidance on Enforcement of Coronavirus Disease

2019 Vaccination Requirement for Federal Employees – Executive Order 14043

https://chcoc.gov/sites/default/files/Enforcement-Guidance-FAQs.pdf

DISTRIBUTION

DOL will email all employees the link to and post this MOU on LaborNet.

CONCLUSION

This MOU establishes no precedent for any other agreement, practice, or procedure.

FOR THE DEPARTMENT: FOR AFGE LOCAL 12:

Shawn K. Hooper LaRhonda D. Gamble

Chief, Division of Employee and Labor Management President

Relations (DELMR), OHR, OASAM AFGE Local 12

Sheila DeMartino Gregory B. Green

Labor Relations Officer, Labor Relations Branch Executive Vice-President

DELMR, OHR, OASAM AFGE Local 12

Digitally signed by MARIA JORDAN

Date: 2021.11.10 11:28:00 -05'00'

Maria Jordan George E. Jordan

Chief, Division of Worklife and Engagement Head Steward

OHR, OASAM AFGE Local 12

FOR NCFLL:

MARIA JORDAN

SHAWN Digitally signed by SHAWN

HOOPER

SHEILA

DEMARTINO

DEMARTINO

-05'00'
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MICHAEL

LAZZERI

Digitally signed by MICHAEL

LAZZERI

Date: 2021.11.10 12:30:11

-06'00'

Michael Lazzeri Daryl Laurie

Regional Administrator, Midwest Region President, NCFLL

Wage and Hour Division (WHD)

Leyla Mansur Nancy Nolan

Director, Office of Program Planning Evaluation Executive Vice-President, NCFLL

and Management (OPPEM),

Employee Benefits Security Administration (EBSA)

Rob Sax

Vice-President, NCFLL

FOR NULI:

Franklin E. Schneider,

Executive Vice-President, NULI

David Nadboralski

Steward, NULI

November 8, 2021

Date

LEYLA

MANSUR

MANSUR

-05'00'