Issue Date: July 2021; Revised: January 2022
Purpose
Consistent with its duty to provide and maintain a workplace that is free of recognized hazards, Nova Southeastern University (“NSU”) has adopted a Mandatory Covid-19 Vaccination Policy for Employees. This policy is intended to safeguard the health and well-being of employees and their families, our students, visitors, and others who spend time on our campuses and in our facilities from Covid-19’s infectious conditions that can be reduced through an effective mandatory employee vaccination program. This policy complies with all state and local laws and is informed by guidance provided by the Centers for Disease Control and Prevention (CDC) and public health and licensing authorities, as applicable.
Scope
This policy applies to all NSU employees, except for healthcare workers in NSU CMS-certified facilities (see below Mandatory Covid-19 Vaccination Policy for Employees, Trainees, Students and Volunteers of Specified CMS Certified NSU Healthcare Facilities): faculty (including regular full-time and part-time faculty, administrative faculty, and adjunct faculty), regular full-time and part-time non-faculty staff, temporary employees, and individuals receiving offers of employment in any of these categories. This policy does not apply to students, vendors, or visitors. This policy applies only to the requirement for completion of the Covid-19 vaccine and does not supersede or otherwise limit any current or future requirements by NSU’s colleges and/or administrative units for proof of an employee’s receipt of other vaccines or compliance with health and safety requirements. Compliance under this policy may require recurrent vaccinations or boosters on an annual or recurrent basis consistent with U.S. Food and Drug Administration labeling and CDC recommendations.
Policy
All employees must either: (a) accurately and truthfully enter the date of the completed vaccination into the NSU Vax Max portal (i.e., receipt of second dose in a 2-dose series vaccine such as Pfizer or Moderna, or receipt of a single-dose vaccine, such as Johnson & Johnson) or (b) obtain an approved Office of Human Resources (OHR) vaccine exemption (with specification of any reasonable accommodation if applicable and available). For purpose of compliance with this policy, an employee is considered to have completed the Covid-19 vaccination two weeks after the receipt of either the single dose or 2-shot vaccine series to enable antibodies to develop. The process for seeking an exemption and accommodation is explained below. Individuals receiving offers of employment will be required to comply with this policy prior to the commencement of employment.
Any current employee who changes status resulting in the requirement to be fully vaccinated or approved-exempted (e.g., changing from full-time remote to an on-ground or hybrid work location, or expiration of a temporary exemption for medical reasons) will be required to be in compliance with this policy prior to the status change. Failure to comply with the policy requirements by the effective date of the status change may result in the employee’s separation from employment.
Individuals receiving offers of employment are required to timely comply with this policy prior to the commencement of employment by providing either proof of a completed vaccination or receiving an OHR vaccine exemption approval letter. Individuals receiving offers of employment from NSU who do not timely comply with this policy will have their offer of employment rescinded.
Any falsification of vaccine or exemption information will subject an employee to potential disciplinary action up to and including termination of employment or rescission of an offer of employment if prior to the individual’s commencement of work.
NSU will assist employees by providing on-site access to immunizations at its Davie campus (subject to vaccine availability) or identifying sites where employees may receive the vaccinations. Exempted employees who later seek to be immunized may request release from scheduled work time with pay (up to two hours) subject to the scheduling requirements of the college or administrative unit to obtain a vaccination injection.
Request for Vaccine Exemption and Accommodation
Employees and individuals accepting an offer of employment who require an exemption from receiving the COVID-19 vaccine may qualify for one of the following exemption options: (a) an underlying medical condition or disability that contraindicates administration of the COVID-19 vaccine, (b) pregnancy, or pregnancy-related medical condition, or (c) an objection based upon a sincerely held religious belief, practice, or observance.
Except for healthcare workers in NSU CMS-certified facilities (See below for Covid-19 Vaccination Policy for Employees in Healthcare Settings subject to CMS Rule), Florida state law requires employers to offer employees with a regular assigned work location in the state of Florida the opportunity to opt-out of a mandatory vaccinated requirement by electing one of the following additional exemptions:
NSU will provide exemption from the vaccination requirement and engage in an interactive process to determine if a reasonable accommodation can be provided so long as it does not create an undue hardship for NSU and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the employee. (Refer to the Exemption from Mandatory COVID-19 Vaccination web page for further details.)
To request an exemption from the vaccination requirement for one of the above reasons, employees or individuals accepting offers of employment are required to submit a completed Request for Exemption from Mandatory COVID-19 Vaccination & Reasonable Accommodation Form to OHR. Employees may request an exemption and/or seek workplace accommodation without fear of retaliation.
After receipt of the request for exemption, OHR will review the documentation submitted and, if the exemption is approved, engage in the interactive process with the employee to clarify the nature of the request, determine exemption eligibility, and identify potential reasonable accommodations (with assistance from his/her supervisor, and/or college/unit administration where necessary). Accommodations will be granted where they do not create an undue hardship for NSU and/or do not pose a direct threat to the health or safety of others in the workplace and/or to the employee.
If an employee or individual accepting an offer of employment believes that s/he has been treated in a manner not in accordance with this policy, please notify OHR immediately via Director of Benefits Larry Cox at lc120@nova.edu extension 27873.
Employee Unpaid Leave
A worker who has not properly submitted vaccination information or has not received an OHR approved exemption may be placed on unpaid leave for up to forty-five (45) calendar days if it is not operationally reasonable and feasible to place the Worker in alternate position or role not subject to the CMS rule, as determined in the sole discretion of NSU. During the unpaid leave period, Workers who either properly submit proof of vaccination or receive an approved OHR vaccine exemption will be authorized to return to duty subject to operational needs. If at the end of the unpaid leave period a Worker has not complied with requirements, his/her continuing employment status will be determined by OHR, and the Worker may be subject to separation at NSU’s discretion.
Click here for Frequently Asked Questions.
Purpose
Consistent with its duty to provide and maintain a workplace that is free of recognized hazards, Nova Southeastern University (“NSU”) has adopted a Mandatory Covid-19 Vaccination Policy for Employees in healthcare settings. This policy is intended to safeguard the health and well-being of employees and their families, our students, visitors, and others who spend time on our campuses and in our facilities from Covid-19’s infectious conditions that can be reduced through an effective mandatory employee vaccination program. This policy complies with all federal laws and is informed by guidance provided by the Centers for Disease Control and Prevention (CDC) and public health and licensing authorities, as applicable.
Scope
Covered NSU Facilities and Workers
Employees, students, trainees, and volunteers (collectively referred to as “workers”) at certified NSU healthcare facilities that participate in Medicare or Medicaid are covered under the Centers for Medicare and Medicaid Services (CMS) rule requiring mandatory COVID-19 vaccination for workers. {See Omnibus COVID-19 Health Care Staff Vaccination (CMS-3415-IFC)} The CMS rule applies to the following categories:
Fully Vaccinated Status (with Proof of Vaccination) or Approved Exemption Required
To comply with the CMS rule, all workers at certain CMS-certified NSU healthcare facilities will be notified by their supervisors that they must comply with the CMS rule. Those notified must either: (a) provide proof of vaccination, or (b) obtain an OHR approved vaccine exemption for a religious reason or underlying medical condition (with specification of any requested reasonable accommodation if applicable and available) as described below in the Vaccine Exemption and Accommodation section).
Compliance Deadlines
By January 27, 2022, workers of CMS-certified NSU healthcare facilities must receive the first vaccination dose prior to providing any care, treatment, or other services for the facility and/or its patients:
By February 28, 2022, workers of CMS-certified NSU healthcare facilities must complete the primary vaccination series i.e., the second dose of a 2-dose COVID-19 vaccine, except for those workers granted an OHR approved exemption from the COVID-19 vaccine for medical or religious reasons or those for whom the COVID-19 vaccination must be temporarily delayed, as recommended by the CDC. For purposes of compliance with this policy, an employee is considered to have completed the Covid-19 vaccination two weeks after the receipt of either the single dose or 2-shot vaccine series to enable antibodies to develop.
Request for Vaccine Exemption and Accommodation
Workers and individuals accepting an offer of employment who have need of exemption from receiving the COVID-19 vaccine may qualify for one of the following exemption options: (a) an underlying medical condition or disability that contraindicates administration of the COVID-19 vaccine, (b) pregnancy-related medical condition, or (c) an objection based upon a sincerely held religious belief, practice, or observance.
NSU will provide exemption from the vaccination requirement and engage in an interactive process to determine if a reasonable accommodation can be provided so long as it does not create an undue hardship for NSU and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the Worker or individuals accepting offers of employment.
To request an exemption from the vaccination requirement for one of the above reasons, Workers or individuals accepting offers of employment are required to submit a completed Request for Exemption from Mandatory COVID-19 Vaccination & Reasonable Accommodation Form to OHR.
After receipt of the request for exemption, OHR will review the documentation submitted and, if the exemption is approved, engage in the interactive process with the Worker or individuals accepting offers of employment to clarify the nature of the request, determine exemption eligibility, and identify potential reasonable accommodations (with assistance from his/her supervisor, and/or college/unit administration where necessary). Accommodations will be granted where they do not create an undue hardship for NSU and/or do not pose a direct threat to the health or safety of others in the workplace and/or to the Worker.
Proof of Vaccination Required
The CMS rule requires Workers to provide proof of vaccination. A Worker’s prior attestation in the Vax Max portal that s/he is fully vaccinated does not comply with the CMS rule.
Acceptable proof of vaccination is either:
Note: if vaccinated outside of the United States, a reasonable equivalent of any of these documents will suffice.
Uploading Proof of Vaccination
First, take a photo of your proof of vaccination by mobile phone or other computing device (laptop, desktop, or tablet). Next, access the Vax Max for CMS Workers portal https://cmsvaxmax.nova.edu on the device where the image is stored or email the image to your NSU employee email address to upload the image from that device. Enter your NSU network username and password to access the Vax Max for CMS Workers portal, click on the Choose File button, and select the appropriate file from your device. The Vax Max for CMS Workers portal will accept most file formats including .jpg, .pdf, .docx, etc.
The upload process applies to proof of vaccination records only. If you received an OHR approved exemption, you do not need to upload any documents into the reporting page, OHR has your information securely filed.
Employee Unpaid Leave
An employee (not including trainees, students, and volunteers) who has not properly submitted proof of vaccination and has not received an OHR approved exemption by February 28, 2022, may be placed on unpaid leave for up to forty-five (45) calendar days if it is not operationally reasonable and feasible to place the Worker in alternate position or role not subject to the CMS rule, as determined in the sole discretion of NSU. During the unpaid leave period, Workers who either properly submit proof of vaccination or receive an approved OHR vaccine exemption will be authorized to return to duty subject to operational needs. If at the end of the unpaid leave period a Worker has not complied with the CMS rule, his/her continuing employment status will be determined by OHR, and the Worker may be subject to separation at NSU’s discretion.
Students
Students who fail to comply with the Covid-19 vaccination requirements for practicum or rotation sites may result in the delay of program completion and/or the inability to satisfy the graduation requirements in the program. NSU is not required to provide alternative sites for clinical practicums or rotations should students be placed at a site that requires COVID-19 vaccination.
If a Worker or individual accepting an offer of employment believes that she/he has been treated in a manner not in accordance with this policy, please notify OHR immediately via Director of Benefits Larry Cox at lc120@nova.edu extension 27873.