HERD Act of 2021

the terms agency and employee have the meanings given the terms in section 3 of the Executive Order, except that the term agency does not include the Department of Defense;

the term covered employee means an employee who has complied with the requirements of the Executive Order; and

the term Executive Order means Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring Coronavirus Disease 2019 vaccination for Federal employees).

In general

Subject to paragraphs (2) and (3), beginning on the date that is 60 days after the date of enactment of this Act, the head of each agency shall, with respect to each covered employee employed by the agency, require the covered employee to work from the duty station of the covered employee, and to work the hours worked by the covered employee, as of February 15, 2020.

Newly hired employees

If a covered employee was not employed by the applicable agency as of February 15, 2020, the requirements under paragraph (1) shall apply to the covered employee with respect to the duty station and hours of the individual who occupied the position of the covered employee, as of that date.

Significant community spread

The head of an agency may implement different policies than, or supplemental policies to, the requirements under paragraph (1), including by requiring social distancing at a particular work site, if the agency head finds that—