Job Consequences for Employees Refusing Mandatory Vaccination
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We are getting lots of questions from employers and employees about vaccination. We addressed many of these questions a few weeks ago in our post Unvaccinated Employees and Mandatory Vaccination. Now that a little bit of time has passed, we are getting more questions about the possible job consequences for employees who are unvaccinated. 

Why is the Employee not Vaccinated?

Before considering what job consequences might be appropriate, it’s crucial for employers to understand the employee’s reasons for being unvaccinated. In rare circumstances, an employee may be entitled to a legitimate exemption from a mandatory vaccination policy. Employees who have legitimate exemptions based on medical or religious grounds will be entitled to protection from discrimination by human rights legislation. While it still may not be appropriate to allow an unvaccinated employee with a legitimate reason for an exemption from attending in person at the office, they will be entitled to accommodation. The range of accommodations is wide, from placing an employee on an unpaid leave of absence to allowing them to continue their work remotely. For more information on legitimate reasons for exemptions and accommodation, see our past post
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proof of vaccination
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On September 1, 2021, the Ontario government announced that, beginning September 22, 2021, Ontario residents will be required to provide proof of full COVID-19 vaccination (meaning that both doses of an approved COVID-19 vaccine must have been administered at least fourteen days prior), in the form of a printout or PDF receipt of vaccination status, plus photo identification, in order to enter certain non-essential business sites. A vaccine verification app and QR code, to be used by various businesses and organizations, are currently under development. 

Where Proof of Vaccination Will and Will Not be Required in Ontario 

The vaccine certificate program requires that non-essential businesses restrict entry to their premises to those who have valid proof of vaccination, as outlined above. Non-essential businesses include restaurants (indoor dining only); nightclubs (indoor and outdoor areas); theatres, music festivals, concerts, and cinemas; night clubs, strip clubs, bathhouses, and sex clubs; racing venues; casinos and gaming establishments; fitness and recreational centres (except youth recreational sport); and meeting spaces.
Continue Reading Vaccine Passports: Which Businesses will Require Them and Who is Exempt?

Unvaccinated Employees and Mandatory Vaccination
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Both employers and employees are asking questions related to mandatory vaccinations and consequences for employees who don’t get them. Here we run through some of those FAQs!

Q: If vaccinations are deemed to be “mandatory” for workers, are there any legal exemptions?

A: Yes, in some cases there will be legal exceptions to a job requirement that employees be vaccinated. These exceptions come from the Ontario Human Rights Code (the “Code”), which prohibits discrimination in employment based on protected grounds. The protected grounds likely to be engaged with respect to a vaccination requirement are disability and creed. If the exemption is based on a medical reason, it will fall under disability. Religious reasons will fall under creed.
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mandatory workplace vaccine policies
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Last week, the federal government announced that it will be making vaccinations mandatory for federal employees and also for those working in some federally regulated industries related to travel. You can read the news release here.

The government intends to require vaccinations for federal employees by the end of September. It projects that vaccinations will be required in the federally regulated transportation sector (airlines, rail, cruise ships) by the end of October. The requirement will also apply to travellers.

The Public Service Alliance of Canada — which is the union representing the majority of impacted workers —  is apparently on board with this move.
Continue Reading The Start of Mandatory Vaccinations in Canada?