Date: 9/21/2021

To: Department Directors; Human Resources

From: Paula Boggs Muething, City Manager
Re: COVID-19 Pandemic Employee Vaccination Policy

This policy is part of the City of Cincinnati’s response to the Coronavirus pandemic and is being
enacted to protect the workforce of the City and the public, ensure continued City services despite
suffering a loss of more than 50,000 work hours in 2021 due to Coronavirus, comply with President
Biden’s COVID-19 Action Plan, 1 and to do so while recognizing the varied perspectives of our
individual employees.

Applicability

This policy applies to all City employees unless otherwise indicated by a specific section.
Contractors doing business with the City are required to adopt similar policies for their employees
who work on City property. Vaccinated contractors who work on City property are required to
carry proof of vaccination.

This policy supersedes other Temporary COVID-19 policies where conflict exists between them,
and it will remain in effect until officially revoked by the City Administration. Human Resources
will provide a monthly forum for unions to bring forth comments and concerns regarding the
application of this policy.

COVID-19 Vaccination Status

The Administration encourages employees to receive a COVID-19 vaccination but does not require
it. “Vaccinated,” as used in this policy, uses the meaning provided by the Centers for Disease
Control, which is a person’s status:
• 2 weeks after their second dose in a 2-dose series, such as the Pfizer or Moderna vaccines,
or
• 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine. 2

All employees are encouraged to attest to or provide evidence of their vaccination status through
the City’s CoCBenefits portal as either having received the vaccination or not (CoCBenefits.com or
1-866-477-1604). Employees who fail to attest to vaccination status will be presumed to be
unvaccinated and subject to this policy accordingly. Vaccinated employees who do not attest to
vaccination status are subject to the policy as if they are unvaccinated, and failure to adhere to the
standards for unvaccinated employees is not mitigated by demonstrating vaccinated status later.

1https://www.whitehouse.gov/covidplan/
2When You’ve Been Fully Vaccinated | CDC, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-
vaccinated.html
COVID-19 Vaccination Policy version 2
9.21.2021
An individual employee’s decision to receive or refuse a vaccination is not an appropriate matter of
casual inquiry by other employees or supervisors. Consistent with Administrative Regulation 55,
supervisors are required to ensure that employees are free from harassment related to
their vaccine choice, status, or disclosure.

Under the supervision of Central Human Resources, departmental human resources staff and the
Cincinnati Health Department will audit the attestation status of City employees by checking the
list against the state’s database. Direct access to the list of employees who have attested to
vaccination status will be limited to appropriate healthcare staff, human resources staff, and
COVID-19 Liaisons, though information may be shared with supervisors for application of this
policy under Human Resources Policies and Procedures 2.16 Confidentiality. Employees who
received a vaccination in another state are encouraged to provide proof directly to their Human
Resources Liaison. An employee who has been dishonest in their vaccination status will be subject
to corrective action, including termination.

Vaccinations and Testing

The City will periodically provide no-cost vaccination options for employees The following
vaccination events have already taken place:

Date Location Address Screening Time

14-Sep Police Academy - 800 Evans St. 7:30 am - 10:00 am
GCWW RMTP – WQT
16-Sep 5651 Kellogg Ave. 7:30 am - 10:00 am
Conference Room
Health Department –
21-Sep 3101 Burnet Ave. 7:30 am - 10:00 am
1st Floor Auditorium

Other such events will be announced as they are scheduled. Departments are responsible for
coordinating leave for employees who wish to vaccinate during one of these events. In addition,
employees can find information about locations and events where vaccinations are available at:
• The City of Cincinnati, including an option for receiving updates: https://www.cincinnati-
oh.gov/health/covid-19/vaccine-information-sign-up/schedule-an-appointment/
• Hamilton County Public Health: https://www.hamiltoncountyhealth.org/covid19/
• Vaccines.gov: https://www.vaccines.gov/search/

EMPLOYEES WHO ARE SUBJECT TO A FEDERAL, STATE, OR OTHER LOCAL

VACCINATION MANDATE ARE REQUIRED TO BECOME VACCINATED AND REPORT
VACCINATION STATUS. OPTIONS FOR WEEKLY TESTING DO NOT APPLY TO
EMPLOYEES WORKING UNDER A MANDATE.

Employees subject to a mandate but who seek an exemption to the requirement should fill out the
ADA Request for Reasonable Accommodation Form for a medical exemption under the ADA or the
Application to Request Reasonable Accommodation – Religious Observance or Practice Form.
Completed forms may be submitted to a supervisor or directly to departmental human resources
staff.

Employees subject to a federal, state, or other local mandate will be notified of that status and
specific requirements.

COVID-19 Vaccination Policy version 2

9.21.2021
Non-mandated employees

Starting the week of 10/24/2021, non-mandated employees who remain unvaccinated or do not
attest to vaccination status will be required to provide proof that they are not positive for COVID-
19. Employees may provide such proof by providing documentation of a negative COVID-19 test.

Due to necessary logistical and administrative functions, to be exempted from the first
week of mandatory COVID-19 testing starting 10/24/2021, employees must be registered
in CoCBenefits.com by 10/15/2021. Thereafter, to be exempted from mandatory weekly
testing, employees must attest to vaccination status in CoCBenefits.com by the end of
the previous work week.

Initially, documentation of testing will be required on a bi-weekly basis, but will move to a weekly
basis as determined by the availability of resources.

Unvaccinated non-mandated employees and employees who do not attest to vaccination status who
are responsible for providing proof that they are not positive for COVID-19 may do so by
submitting a negative PCR or rapid antigen COVID-19 test result that cannot be older than
seventy-two (72) hours at the time of submission, subject to the provisions below. The test result
must be in the form of written documentation (paper or electronic copy) and include:

1. Type of test (i.e., PCR or antigen)

2. Entity issuing the result (e.g., laboratory, healthcare entity, telehealth, etc.)
3. Specimen collection date. A negative test result must show the specimen was collected
within the 72 hours prior to submission
4. Information that identifies the employee
5. Test result

As an alternative for employees who cannot test off-the-clock, the City will provide some testing
options for employees:

• An employee with a scheduled appointment may request up to one hour of Administrative

Leave to receive a COVID-19 test upon proof of appointment, subject to operational staffing
needs. The City will not pay additional money for the test selected by an employee. In addition
to Cincinnati Health Department Clinics, options for no-cost testing can be found at:
o The Health Collaborative: https://healthcollab.org/testandprotect/
o The Ohio Department of Health: https://coronavirus.ohio.gov/wps/portal/gov/covid-
19/resources/general-resources/get-tested-for-covid-19
o Health and Human Services: https://www.hhs.gov/coronavirus/community-based-testing-
sites/index.html
• The City will engage the Health Collaborative to provide weekly testing events, during the day
at certain times. Employees who are not able to attend are responsible for finding another
method to submit a negative test.
• The City will provide testing kits to departments for allocation to employees, subject to
availability of the testing kit and funding. Tests will be allotted to departments by the City.
Priority will be given to operations based on the PPE COVID-19 protocol. Employees who

COVID-19 Vaccination Policy version 2

9.21.2021
 cannot test utilizing available testing kits are responsible for finding another method to submit
a negative test. 3
• In the event that a department cannot provide a testing kit, allow an employee to attend the
Health Collaborative events, or grant an employee an hour of ACL leave for a testing
appointment, the employee may request an exemption. The exemption may only be approved by
both 1) the immediate supervisor and 2) Department Director or Deputy Director (Chief or
Assistant Chief) to be effective. Otherwise, the employee will be responsible for finding another
method to submit the required weekly COVID-19 test. Weekly exemptions granted by the
department should be submitted to the Office of Performance and Data Analytics for data
tracking.

Unvaccinated non-mandated employees and employees who do not attest to vaccination status who
1) do not comply with the testing requirement or 2) test positive for COVID-19 will be sent away
from work and placed on leave using their accrued balances or in an unpaid status until they
comply or are released from quarantine or isolation by Contact Tracing, and may be subject to
progressive discipline. Departments are responsible for immediately notifying Contact Tracing
when an employee reports a positive test. Employees who have scheduled time off for an entire
week will not be required to produce a weekly test during their time off.

Due to the varied logistical considerations of City functions, departments are required to
implement procedures for allowing leave and tracking employee testing in such a way that meets
the operational needs of the departments and allows an option for employees to test on the clock.
The Office of Performance and Data Analytics will be available to department for collaboration and
process improvement. Plans should be submitted to Central Human Resources, the City Manager’s
Office, and the Office of Performance and Data Analytics for review and approval prior to
implementation.

Unvaccinated employees who contract COVID-19 may produce a note from their medical provider
or the Cincinnati Health Department allowing an exception to COVID-19 testing for a period of up
to 90 days after symptom onset or date of testing for asymptomatic employees. Employees are
responsible for tracking their dates and providing notification of the exception upon return to the
workplace. The date of returning to testing status must be provided to departmental human
resources staff. Departments will provide this data to the Office of Performance and Data
Analytics for internal tracking.

Unvaccinated non-mandated employees and employees who do not attest to vaccination status who
submit weekly tests may travel for work as long as they produce their required negative test before
leaving and produce another negative test upon return.

Employees who receive the first dose of a two-dose vaccine, such as Pfizer, are exempted from
testing between the first and second dose, up to six 6 weeks (42 calendar days). If the employee has
not gotten the second dose by that time, the conditions for unvaccinated employees in this policy
shall apply until the employee becomes fully vaccinated.

Employees who receive a first (or single) vaccination shot at a Cincinnati Health Department
facility after implementation of this policy will receive a $100 cash card, while supplies last. Full-
time employees who are already or who become fully vaccinated will be eligible for a $50 Healthy
Lifestyles benefit within the $300 cap.
3 The Cincinnati Health Department recommends that symptomatic employees seek PCR testing.
COVID-19 Vaccination Policy version 2
9.21.2021
Facial Coverings and Social Distancing

This policy should be read consistently with the 5/28/2021 Facial Covering and Social Distancing
Temporary Policies and Administrative Orders memorandum from the City Manager.

Vaccinated employees are encouraged, but not required, to wear a facial covering, unless otherwise
required by the 5/28/2021 Facial Covering and Social Distancing Temporary Policies and
Administrative Orders memorandum or local, state, and federal guidelines or mandates.

Unvaccinated employees and employees who do not attest to vaccination status are required to
wear a facial covering when indoors, in a vehicle with others, working with the public, or otherwise
working and unable to socially distance.

All employees, both vaccinated and unvaccinated, are required to comply with social distancing
measures as implemented by departments. Departments should identify any necessary physical
changes to facilities, such as temporary floor markings, limiting room capacity, or creating
barriers.

ACL Leave

This policy should be read to replace the Families First Coronavirus Response Act Sunset
Temporary Leave Policy, issued on February 12, 2021.

Eligibility and Disqualification

Effective 8/1/2021, paid Administrative Leave, coded as ACL, should be provided to vaccinated
employees, who have attested to being vaccinated, and:

1. Have a COVID-19 infection determined by a COVID-19 test or have been advised by a

health care provider, or local health department, to self-quarantine or isolate due to a
verifiable at-work exposure to COVID-19.
2. Are quarantined by a health care provider or local health department due to exposure to
COVID-19, whether the exposure was on or off duty;
3. Receive a vaccination during work hours, and for up to 2 days afterwards (for the
employee’s next tour, for 48-hour Firefighters) after they receive the vaccine if they are
suffering adverse symptoms due to the vaccine
4. Are sent home from work due to displaying symptoms of COVID-19, if a COVID-19 test
is produced within 24 hours of being sent home. If the test is negative, the employee
should return to work and ACL leave will cover the time off between leaving the
workplace and the test. If the test is positive, the employee should remain on ACL leave
until released back to work.
5. Call in to work with COVID-19 symptoms, if the employee can produce a COVID-19 test
within 24 hours and a medical provider verifying the existence of the symptoms. If the
test is negative, the employee should return to work and ACL leave will cover the time
off between leaving the workplace and the test. If the test is positive, the employee
should remain on ACL leave until released back to work.

COVID-19 Vaccination Policy version 2

9.21.2021
 6. Are healthcare workers who otherwise qualify for Paid Medical Removal of Employees
under OSHA’s Emergency Temporary Standard.

Effective 9/22/2021, employees who are not vaccinated and employees who have not attested to
vaccinated status are not eligible for ACL leave, unless they have applied for and been granted an
official accommodation for exemption, reviewed by departmental human resources staff and
approved by the Human Resources Department, for a sincerely held religious belief or medical
issue, including an allergic reaction to a previous dose of the COVID-19 vaccine, an allergic
reaction to a previous mRNA vaccine, an allergy to any ingredient in the COVID-19 vaccine, or
another reason for exemption with an explanatory statement and additional medical
documentation. Employees seeking an exemption should fill out the ADA Request for Reasonable
Accommodation Form for a medical exemption under the ADA or the Application to Request
Reasonable Accommodation – Religious Observance or Practice Form. Completed forms may be
submitted to a supervisor or directly to departmental human resources staff.

Employees who receive the first dose of a two-dose vaccine, such as Pfizer, are eligible for ACL
leave under the terms of this policy between the first and second dose, up to six 6 weeks (42
calendar days). If the employee has not gotten the second dose by that time, the conditions for
unvaccinated employees in this policy shall apply until the employee becomes fully vaccinated

Wages paid under this policy for COVID-19 leave are intended to be the sole replacement of wages
payable to an employee and are not intended to be supplemented by any benefits available through
the Bureau of Workers’ Compensation or Industrial Commission. This policy does not preclude
employees from making claims of alleged injury to the Bureau of Workers Compensation.

To qualify for this leave, the employee must provide the test results or the quarantine or isolation
order that includes the name of the healthcare provider or local health department, the date, time,
and location of the exposure, and the length of quarantine period.

Departments are responsible for accurately tracking, recording, and correcting time under this
policy. Any use of ACL except as authorized under this policy is strictly prohibited.

Vaccinated employees are disqualified from receiving ACL leave upon evidence of any of the
following, unless a formal, documented exemption for a medical issue or sincerely held religious
belief has been duly approved by both departmental human resources staff and the central Human
Resources Department:

1. Failing to wear a mask or social distance pursuant to the 5/28/2021 Facial Covering and
Social Distancing Temporary Policies and Administrative Orders memorandum, or wear
appropriate Personal Protective Equipment when required;
2. Failing to adhere to the applicable COVID-19 policies or guidance from the City of
Cincinnati or an appropriate Appointing Authority;
3. Failing to immediately quarantine or isolate when advised by a healthcare provider,
local health department, or leave the workplace pursuant to a directive from an
appropriate appointing authority or designee;
4. Performing work for a secondary employer unless it is performed in accordance with
current policies.

Contact Tracing

COVID-19 Vaccination Policy version 2

9.21.2021
The City recognizes the importance of contact tracing to defeating the spread of COVID-19. If the
Cincinnati Health Department or another Local Health Authority quarantines an employee, that
employee is considered too sick to work. If an employee disputes a quarantine or test based on
medical information, the City will defer to the judgement of the Local Health Authority’s medical
director.

Employees who refuse to cooperate with contact tracing will be subject to corrective action,
presumed to be contagious, too sick to work, and a direct threat to the workforce, and placed on
accrued leave.

COVID-19 Vaccination Policy version 2

9.21.2021