In line with the Company’s continued commitment to provide and maintain a safe and healthy workplace, and in accordance with the Occupational Safety and Health Administration COVID-19 Emergency Temporary Standard (OSHA ETS), we have adopted this COVID-19 Vaccination Policy (the “Policy”) to safeguard the health of our employees and their families and the community at large from contracting and spreading COVID-19. This policy is designed to comply with all applicable laws and is based on guidance from the Centers for Disease Control and Prevention and local health authorities, as applicable.
Vaccination is a vital tool to reduce the presence and severity of COVID-19 cases in the workplace, in communities, and in the nation as a whole. The Company strongly encourages all employees to receive a COVID-19 vaccination to protect themselves and other employees as soon as possible. However, should an employee choose not to be vaccinated, this policy’s sections on testing and face coverings will apply.
This policy will remain in effect until further notice and may be amended at the sole discretion of the Company at any time.
For purposes of this Policy, individuals are currently considered “Fully Vaccinated” if they have received COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration (e.g., Pfizer-BioNTech, Moderna, and Johnson & Johnson [J&J]/Janssen) or COVID-19 vaccines that have been listed for emergency use by the World Health Organization (e.g., AstraZeneca/Oxford and two weeks after receiving the second dose of a two-dose vaccine with, if applicable, at least the minimum recommended interval between doses (e.g., Pfizer-BioNTech or Moderna), or one dose of a single-dose vaccine (e.g., J&J). Individuals are considered “Partially Vaccinated” if they have not completed the primary doses of a vaccine – i.e., they have received only the first of two required doses or it has not been two weeks since receiving the second dose or one dose of a single-dose vaccine. Please note this definition may change, and additional documentation may be required, as guidance for updated vaccination status changes.
For the purposes of this Policy, testing, COVID-19 testing, or any reference to tests for COVID-19 shall mean a test for SARS–CoV–2 that is: (i) cleared, approved, or authorized, including in an Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration (FDA) to detect current infection with the SARS–CoV–2 virus (e.g., a viral test); (ii) administered in accordance with the authorized instructions; and (iii) not both self-administered and self-read unless observed by a designated employee of the Company or an authorized telehealth proctor.
This Policy applies to all employees. The Company encourages all employees to be Fully Vaccinated by January 10, 2022. Employees who are not Fully Vaccinated will be required to provide proof of weekly COVID-19 testing and wear a face covering at the workplace, as outlined in this Policy’s sections on testing and face coverings, unless an exemption from this Policy is requested as an accommodation and is approved in writing by Human Resources.
Compliance with this Policy is a condition of continued employment. Failure to abide by the terms of this Policy may result in disciplinary measures, up to and including termination of employment.
Employees may be legally entitled to a reasonable accommodation if they cannot be vaccinated, tested, and/or wear a face covering (as otherwise required by this policy) because of a medical condition or disability, or if the provisions in this policy for vaccination, and/or testing for COVID-19, and/or wearing a face covering conflict with a sincerely held religious belief, practice, or observance. Requests for exceptions and reasonable accommodations must be submitted in writing by uploading it via the COVID-19 Accreditations feature in the FLEX app. The Company will engage in a cooperative dialogue to determine if it can provide a reasonable accommodation that will not create an undue hardship for the Company or pose a direct threat to the health and safety of the Company’s employee or others. All such requests will be handled in accordance with applicable laws and regulations and within the employer’s applicable COVID-19 policies and procedures.
After receiving a conditional offer of employment, all applicants for employment will be required to provide information regarding their vaccination status and (i) if vaccinated, provide proof of Fully Vaccinated status (see valid forms below); or (ii) if unvaccinated or partially vaccinated, comply with this Policy’s sections on testing and face coverings.
Vaccination Status and Proof of Vaccination
The Company will require all employees to present proof of their vaccination status. Please upload your CDC Card vaccination details via the Accreditations feature in the FLEX app. Employees will be required to indicate whether they are Fully Vaccinated, Partially Vaccinated, or unvaccinated. Employees whose vaccination status changes must promptly update the Company.
Employees who are not Fully Vaccinated, will be required to comply with the applicable face covering requirements set forth below. In addition, any employee who is not Fully Vaccinated by February 9, 2022 must also comply with the COVID-19 testing requirements of this Policy.
In receiving proof of vaccination, the company will accept a copy or image of a vaccination card or vaccination passport. Please upload your CDC Card vaccination details via the Accreditations feature in the FLEX app . Please note, an attestation as proof of vaccination is not permitted. Acceptable proof of vaccination is:
The record of immunization from a healthcare provider or pharmacy;
A copy of the COVID-19 Vaccination Record Card; state portals are listed in the References section below.
A copy of medical records documenting the vaccination;
A copy of immunization records from a public health, state, or tribal immunization information system; or
A copy of any other official documentation that contains the type of vaccine administered, date(s) of administration, and the name of the healthcare professional(s) or clinic site(s) administering the vaccine(s).
Proof of vaccination generally should include the employee’s name, the type of vaccine administered, the date(s) of administration, and the name of the healthcare professional(s) or clinic site(s) that administered the vaccine. If you have lost your vaccination record, you are able to obtain another copy from your vaccination provider, the health department, or the state (refer to the references section below).
We encourage all employees to get vaccinated during off work hours so as not to disrupt business operations. Employees (Change Agents) who have difficulty getting vaccination outside of their regularly-scheduled work hours should work with their managers to discuss the possibility of convenient scheduling. Please confirm with your manager on the hours of leave for each vaccination shot if it is necessary to obtain the vaccine during regularly-scheduled work hours. The Company will provide up to four hours of paid time per dose to employees who get Fully Vaccinated; this paid time does not apply to boosters. In addition, employees who experience side effects from vaccination may use reasonable paid time off to recover from those side effects. If an employee does not have any available paid time off, please contact Human Resources.
Worksite Vaccination Verification
The on-site Manager has the right to view Talent’s proof of vaccination. Should the Manager determine that the card is not valid or that the Talent does not meet the requirements to work, they have the authority to remove Talent from the gig. In this instance, Talent is not eligible for any compensation.
If an employee covered by this policy is not Fully Vaccinated for any reason, the employee will be required to comply with this section on testing.
Employees who report to the workplace at least once every seven days:
(A) must be tested for COVID-19 at least once every seven days; and
(B) must provide documentation of the most recent COVID-19 test result by uploading your testing details via the Accreditations feature in the FLEX app no later than the seventh day following the date on which the employee last provided a test result.
If an employee does not provide documentation of a COVID-19 test result as required by this policy, they will be removed from the workplace and/or future gigs until they provide a valid test result. All testing will be the responsibility of the employee, unless otherwise required by state or local law. If you need assistance with finding a testing site, please visit the U.S. Department of Health & Human Services to find a testing site near you.
Employees who have received a positive COVID-19 test, or have been diagnosed with COVID-19 by a licensed healthcare provider, are not required to undergo COVID-19 testing for 90 days following the date of their positive test or diagnosis. All quarantine guidelines, set forth by the CDC and Company Policy, will be adhered to if a positive test result is received.
The Company requires all employees who are not Fully Vaccinated to wear a face covering over the nose and mouth when indoors and when occupying a vehicle with another person for work purposes. Face coverings must: (i) completely cover the nose and mouth; (ii) be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source); (iii) be secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they should have two layers of fabric or be folded to make two layers; (iv) fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face; and (v) be a solid piece of material without slits, exhalation valves, visible holes, punctures, or other openings.
Fully Vaccinated employees do not have to wear face coverings (unless required by the Client), but may choose to do so. In addition, employees who are not Fully Vaccinated do not have to wear face coverings in the following circumstances:
When an employee is alone in a room with floor to ceiling walls and a closed door.
For a limited time, while an employee is eating or drinking at the workplace or for identification purposes in compliance with safety and security requirements.
When an employee is wearing a respirator or facemask.
Where the Company has determined that the use of face coverings is not feasible or creates a greater hazard (e.g., when it is important to see the employee’s mouth for reasons related to their job duties, when the work requires the use of the employee’s uncovered mouth, or when the use of a face covering presents a risk of serious injury or death to the employee).
Employee Notification of COVID-19 and Removal from the Workplace
The Company requires employees to promptly notify their manager and/or Human Resources when they have tested positive for COVID-19 or have been diagnosed with COVID-19 by a licensed healthcare provider. Employees who are sick or experiencing potential COVID-19 symptoms should notify the Company in accordance with its typical sick leave procedures.
Medical Removal from the Workplace
The Company has also implemented a policy for keeping COVID-19 positive employees from the workplace. The Company will immediately remove an employee from the workplace if they have received a positive COVID-19 test or have been diagnosed with COVID-19 by a licensed healthcare provider (i.e., immediately send them home or to seek medical care, as appropriate) and place their account in a safety hold.
Safety Hold on Talent Account
In addition, Talent who have symptoms are advised to seek medical attention, stay home and not go to work, and notify the Community Management Team via the chat function in the Flex app. Once the Company is notified, Talent’s account will be placed on a “Safety Hold”, which prevents Talent from receiving gig invites for 10 days. Talent may take and submit a negative COVID-19 PCR test according to the CDC requirements (see link below) and once Company has reviewed and approved the results, the “Safety Hold” will be removed from their account. To submit a valid healthcare provider or pharmacy negative COVID-19 test result, send an email to email@example.com. Rapid and home tests are not accepted at this time.
Carefully review the CDC published guidelines here that explain proper time frames and protocols for vaccinated and unvaccinated people who have been exposed and/or having symptoms: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
Requests for Documentation
If a Talent is out sick or showing symptoms, it may become necessary to request more information. The Company has the right to request a valid healthcare provider note to confirm the Talents’ need to be absent, and/or to know that it is appropriate for the Talent to return to work.
Return to Work Criteria
For any employee removed because they are COVID-19 positive, the Company will keep them removed from the workplace until the employee receives a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test if the employee chooses to seek a NAAT test for confirmatory testing; meets the return to work criteria in CDC’s “Isolation Guidance”; or receives a recommendation to return to work from a licensed healthcare provider.
Employees may return to work based on the most current CDC guidance for quarantine/isolation. Click here to view these guidelines. As these guidelines are constantly evolving, this is subject to change.
If an employee has severe COVID-19 or an immune disease, the Company will follow the guidance of a licensed healthcare provider regarding return to work, and may require the employee to submit additional medical records.
Gigs and Leave
Talent Confirmed on Future Gigs
The Company will closely monitor the safety of each workplace by communicating with Clients and Change Agents responsible for placing the bookings.
Unless the Company has been notified that a workplace is unsafe, Talent are expected to report for work as scheduled and Jitjatjo’s standard disciplinary policy, including cancellations, punctuality, and absenteeism, will still apply.
Cancelled Gigs - Unsafe Workplace
In the event the Company cancels a gig within 24 hours of the scheduled start time due to a notification of an unsafe workplace, and the Company is unable to provide Talent with an alternative gig on the same day (“cancelled gig”), Talent will receive 4-hours’ pay at the specified pay rate included in the gig details in the Flex by Jitjatjo app.
Instant Pay is not available/applicable for cancelled gigs.
Cancelled Gigs - Vaccination Requirement
If Talent accepts a gig with COVID vaccination requirements, which can be found in the Special Instructions, but does not meet these requirements, the Company will remove Talent from these gigs regardless of any advance notice. In this case, Talent is not eligible for 4-hours’ pay even if canceled under the 24-hour window. All Talent are responsible for carefully reviewing the Special Instructions included in each gig to ensure all necessary requirements are met before accepting the gig.
If Talent choses to disregard the requirements included in the Special Instructions and arrive at the gig, the on-site Manager is obligated to dismiss the Talent upon arrival and Talent is not eligible for any compensation for their time.
Talent Sick Leave Policy
Talent will be eligible for and can accrue sick time based on state and local regulations.
Accrued Sick Leave may only be used in the event Talent has accepted a gig and is unable to work due to illness. Talent must immediately notify the Company via the Chat icon on the Flex by Jitjatjo app. Talent may be required to submit a valid healthcare provider’s note.
Sick Leave is paid at the pay rate of the gig in which Talent was scheduled to work. Only hours that have been accrued can be applied towards sick leave and will be paid the following pay period. Sick leave is not eligible for Instant Pay. Accrued Sick Leave does not carry over into the next calendar year (unless mandated by state and local regulations). Unused Sick Leave is forfeited and is not paid out upon resignation or termination/separation from the company.
COVID-19 Related Leave is unpaid unless the Talent is otherwise eligible for Sick Leave.
Confidentiality, Privacy, and Truthfulness
All documentation regarding vaccination and testing will be kept in a secure, independent file separate from employees’ personnel files, and will be stored confidentially in accordance with applicable law and regulation. Vaccination status or testing results may be disclosed only if required to comply with applicable law or regulations and only to those who require access to the information will have access to this documentation.
Employees must provide truthful and accurate information about their COVID-19 vaccination status, and, if not fully vaccinated, their testing results. Employees who fail to provide truthful and accurate statements regarding their vaccination, testing, or COVID-19 status may be subject to disciplinary measures, up to and including termination, and may also be subject to criminal penalties.
Because of the critical health and safety nature of this Policy, the Company will only consider making legally required exceptions to this Policy. Employees may request an exemption from portions of this Policy if they cannot meet the requirements of this Policy because of a medical condition or disability, or if the provisions in this Policy conflict with a sincerely held religious belief, practice, or observance. Employees in need of an exemption from this Policy or an accommodation for any of these reasons must upload your request details via the COVID-19 Accreditations feature in the FLEX app. The Company will handle all such requests in accordance with applicable laws and regulations and Company policy, engage in the interactive process, and, where necessary, grant accommodations where they do not cause the Company undue hardship or pose a direct threat to the health and safety of others.
All employees, regardless of vaccination status, must continue to comply with all workplace safety requirements as communicated by the Company in its COVID-19 protocols, including wearing a face mask/covering when interacting with someone within 6 feet, maintaining appropriate physical distance, regularly washing hands, and following disinfecting protocols. Protocols are subject to change in accordance with CDC and OSHA policies.
Preventing the Spread of COVID-19 While Working
The Company requires that all Talent cooperate in taking steps to reduce the transmission of COVID-19 while working. According to the CDC, the following practices help to prevent the transmission of infectious disease:
Frequent hand washing with warm, soapy water for at least 20 seconds
If soap is not available to clean your hands, use an alcohol-based sanitizer with at least 60% alcohol
Cover your mouth whenever you sneeze or cough
Discard used tissues in wastebaskets
Clean frequently touched surfaces
Avoid people who are sick or showing symptoms
Where requested or required by local mandate, Talent must wear face coverings while working. Talent who are unwilling to comply will receive a formal warning and/or will be immediately removed from the gig and not eligible for any compensation.
Please direct any questions regarding this Policy to Human Resources.
State Portals for Immunization Records