Change in Mask Guidance Presents Potential New Problems for Federal Managers

As the COVID-19 pandemic appears to slow across the country, federal employees are left to manage the fallout from the last two years. Staffing shortages, personnel changes, and hybrid work environments have created backlogs and increased workloads across agencies. While all federal employees have been affected by these challenges, federal managers will have the unique task of creating an effective work environment while handling changes in medical mandates.

Recently, the Biden Administration relaxed certain COVID safety requirements in a reflection of the declining case numbers around the country. Agencies have been directed to establish a testing program for employees who are considered unvaccinated under federal guidelines. In areas with medium or high COVID transmission levels, any unvaccinated federal employee who is working on-site or is interacting with members of the public–including those who have an approved or pending exemption or extension request–will be required to submit to testing on at least a weekly basis. Federal employees who refuse the required COVID testing will be subject to disciplinary action, which may ultimately lead to their termination. Managers who are tasked with enforcing this directive and administering disciplinary action to employees may be at risk of retaliatory allegations that can lead to civil or administrative investigations.

Mask requirements for federal employees were also relaxed in accordance with new CDC guidelines. In areas where COVID-19 transmission rates are low, federal employees will no longer be required to wear masks, regardless of vaccination status. Federal managers must be ready to properly deal with any objections made by employees to these newly implemented practices.  Like with any mandate, your role in enforcing COVID-19 safety practices can make you the target of a number of allegations. Even if your actions are in accordance with federal guidance and these allegations are ultimately unfounded, you will still suffer the emotional and financial toll of defending yourself.

Federal managers can protect themselves against allegations with professional liability insurance (PLI).FEDS Protection offers federal employee policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity. The FEDS policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs. Annual premiums for FEDS Protection PLI start at $290, which is less than it would typically cost to hire a federal employment lawyer for an hour. Additionally, federal managers and law enforcement officers are eligible for a reimbursement of up to 50 percent the cost of their PLI policy through their agency. 

To learn more about FEDS Protection, and how a FEDS professional liability insurance policy can protect you and your career, visit fedsprotection.com or call (866) 955-FEDS, Monday through Friday 8:30 am-6 pm, to speak directly to a representative.

*This article is provided for informational purposes only and does not constitute legal advice.


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