Attestation statement and supporting documentation must be submitted by Aug. 30

The Hawaii State Department of Education has released further information for employees to clarify policies and procedures surrounding the governor’s emergency proclamation mandating proof of vaccination status or weekly proof of negative test results for COVID-19:

The following documents can be found on the HIDOE’s eHR website:

Use the submission portal on the eHR website to indicate the appropriate attestation statement and upload supporting documents. All HIDOE employees will be using this system, so you may need to log in more than once if the system is busy.

If you are currently on leave, vacation, or on a school break, then you will not be required to complete the attestation until you return.

If you are vaccinated

If you are fully vaccinated, select the appropriate attestation statement and upload proof of vaccination between Sunday, Aug. 15, and Sunday, Aug. 22. You have no further steps.

If you are partially vaccinated, select the appropriate attestation statement and upload an image of your partially completed vaccination card. You have four (4) weeks from your first vaccination date to complete the vaccination series and will not be subject to testing during that time. Once you’ve received your second dose, select the fully vaccinated attestation statement and upload an image of your completed vaccination card.

The following video shows you how to report your vaccination status in the eHR system:

If you are not vaccinated

The Hawaii State Teachers Association continues to encourage members to get vaccinated, however we are also working to protect the rights of those who are not vaccinated as their employment could be in jeopardy.

HSTA is among six public sector unions in Hawaii that submitted a joint demand for impact bargaining to the governor, and we are working to resolve implementation issues through that process. We are also continuing to share information and weigh our legal options.

According to the HIDOE, if you are not vaccinated, you will need to indicate the appropriate attestation statement and upload a digital copy of your negative COVID-19 test no later than Monday, Aug. 23, and weekly after that. You will not need to submit a medical or religious exemption, because everyone who has not started the vaccination process will be required to test weekly.

If you tested positive for COVID-19 in the last 90 days, select the attestation statement that applies and submit it with written documentation from a licensed health care provider or a letter from the State of Hawaii Department of Health stating the date of infection and that you have been released from isolation or quarantine. Once your 90-day window ends, you will need to select the appropriate attestation statement and submit the proper documentation that applies from that point.

HIDOE should be responsible for time and expenses

The HIDOE is encouraging those who opt to submit weekly test results to use free test sites in the community. Otherwise, according to the memo, testing will be “at the employee’s expense and during non-work hours.” However, the HSTA believes the state’s limited availability and access to free COVID-19 tests will unfairly penalize those who live in rural or remote areas.

HSTA believes the department and public charter schools should responsible for the cost of COVID-19 tests, time to get tested, and other costs under School Code Regulation #5100 (p. 39 of 547):

EMPLOYMENT
B. Medical Examination Required
2. 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.

 

The Americans with Disabilities Act (ADA) prohibits an employer from requiring medical examinations of employees, except under limited circumstances. One of the limited circumstances is if an individual poses a “direct threat” due to a medical condition.

According to the U.S. Equal Employment Opportunity Commission, the COVID-19 pandemic meets the direct threat standard. The U.S. Centers for Disease Control and Prevention and public health authorities have acknowledged community spread of COVID-19 in the United States and have issued precautions to slow the spread, such as significant restrictions on public gatherings. Numerous state and local authorities, Hawaii included, have issued closure orders for businesses, entertainment and sport venues, and schools in order to avoid bringing people together in close quarters due to the risk of contagion.

This shows a significant risk of substantial harm would be posed by having someone with COVID-19, or symptoms of it, present in the workplace. Therefore, a COVID test is likely a medical examination that can be required by the employer as it falls under the direct threat exception.

HSTA’s position is also 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.

If you opt for weekly testing, check with your principal on School Code Procedure #5100.2, preferably in writing should you need documentation later. Here are some things to ask:

  • When will you be provided release time during the school day, or will you be given special short-term leave with pay?
  • If a free test is not available, check with the principal on where you should obtain your test.
  • If you are required to pay for the test, save your receipt and follow HIDOE/public charter school procedures for reimbursement.

If you are denied, please contact your UniServ Director.