Vaccine HIDOE

The HSTA has confirmed that the section of the eHR web platform being used to collect vaccination and COVID-19 testing information is separate from other personnel records. Access to these files is limited to individuals who would need to help verify compliance, such as the immediate supervisor, complex area superintendent (CAS), and their designees, e.g., school SASAs.

The current guidance from the U.S. Centers for Disease Control and Prevention (CDC) states that fully vaccinated people with no COVID-19-like symptoms and no known exposure should be exempt from routine screening testing programs.

It is possible to take a leave of absence, but all leaves must be in compliance with existing leave procedures. In order to remain on a paid status, the employee will need to utilize the HIDOE leave procedures, fill out leave paperwork and be approved to take leave from their individual sick leave bank (or vacation for 12-month employees).

Unvaccinated employees who refuse to be tested risk disciplinary action up to and including termination. An employee’s immediate supervisor would generally be the person who has the responsibility to enforce this mandate and begin the process for any discipline to those who refuse to comply. When the unions met with the HIDOE on Aug. 18, we were informed that any employees who refuse to comply with the mandate will be considered insubordinate. The employer will treat the refusal as egregious behavior and start termination procedures. Regardless, all employees have the right to due process and HSTA representation, so documentation of any [...]

If a teacher is unable to secure testing or results are delayed we advise them to contact their supervisor and ask for guidance, such communication will help to mitigate any possible disciplinary action. Document the guidance provided and contact their UniServ Director if they need further assistance. In addition, any employee who is not able to upload confirmation of a negative test by the deadline will not be allowed to work. Their supervisor will send the employee home. In order to remain on a paid status, the employee will need to utilize the HIDOE leave procedures, fill out leave paperwork and [...]

The HIDOE COVID-19 Test Results Reporting Instructions (page 10) indicates the following types of tests are approved: “Only Food and Drug Administration (FDA) emergency use authorized antigen or nucleic acid amplification testing completed by a CLIA certified laboratory or testing site will be accepted.” The HIDOE is awaiting state Department of Human Resources Development (DHRD) to publish a list of all approved tests for state employees needing it for attestation purposes. The HIDOE is also awaiting DOH response to request confirmation of a “reliable and valid” saliva test that can be used for attestation.

The HIDOE has not explicitly committed to an answer on this one. Teachers have a contractual right to five (5) days of sick leave before needing a note on the sixth day. They can also request personal leave per procedure. Please also refer to the question about testing during work hours.

The HSTA agrees that testing options should be easily accessible and during paid work time. HSTA’s position is supported by School Code Procedure #5100.2 (p. 43 of 547), which is incorporated into the contract under Article XXV: Maintenance of Benefits, and indicates that in cases of directed medical examination, short-term leave with pay and substitute teachers when required can be provided if necessary. However, the HIDOE has taken the position that COVID-19 testing is not the same as medical examinations and is not planning to provide any paid time to seek testing. We have requested the employer seek out ways to [...]

The HSTA believes the mandated testing should come at no cost to state employees. HSTA’s position is supported by School Code Regulation #5100 (p. 39 of 547), which is incorporated into the contract and by reference under Article XXV: Maintenance of Benefits, cites the following: “An employee in the Department may be required at the discretion of the Department to have a medical examination, and if so directed, this examination will be done at the expense of the Department.” However, the HIDOE has taken the position that COVID-19 testing is not the same as medical examinations and refuses to pay for [...]

Unvaccinated employees will need to comply with the testing mandate or risk discipline for insubordination. The employer has the legal right to employ such practices to ensure and protect the health and safety of those in the workplace by requiring employees to test for COVID-19. The HIDOE has informed HSTA that employees with disability-related (medical) reasons or who have a sincerely held religious belief against COVID-19 testing may seek accommodation via the HIODE reasonable accommodation request process by filling out and submitting a Form RA-1 or Form RA-3 from the HIDOE Civil Rights Compliance Branch. For further inquiries, you can reach [...]