Post-Pandemic Vaccines in the Workplace
Generally speaking, there is widespread support for vaccination and many employers are making vaccination easier for employees by offering paid time off for vaccine appointments and encouraging the use of sick days related to recovery from temporary vaccine-related side effects. At the time of writing (July 13, 2021), I am not aware of a workplace with a bonafide occupational requirement to mandate the vaccine.
The following is a curated list of resources from Canadian law firms regarding post-pandemic vaccines in the workplace:
Dentons (international law firm) – In this 15-minute podcast, host Alison Walsh is joined by Roxana Jangi to discuss COVID-19 vaccinations and their implication in the workplace. The uptake of COVID-19 vaccinations is welcome news to employers who are eager to return their workplaces to some normality. The existence and availability of vaccines also raises the question of whether employers can implement vaccination policies in the workplace. These issues are explored in this episode.
Gowlings – In May 2021, Gowling WLG’s Employment, Labour and Equalities Group hosted a presentation on workplace vaccination policies. This link will take you to their webinar. In the presentation, they discussed:
- Vaccination as a “term” of employment
- Vaccination incentive policies
- Sources of civil liability relating to mandatory vaccination policies
- Guidance from existing case law
- Human rights and accommodation issues
- Employee privacy issues
Here is a link to the presentation on YouTube.
Emond Harnden Law (Canadian perspective) – On the Emond Harnden website, they published a blog “Mandating COVID-19 Vaccinations in the Workplace” that offers valuable insights for Canadian employees and employers.
Monk House Law (Ontario/Canadian perspective) – In April 2021, Monk House Law published a blog article “Can Your Employer Make It Compulsory To Get The COVID-19 Vaccine In Ontario?”
In August 2021, the Ontario provincial government mandated that employers follow the advice of the Chief Medical Officer of Health on establishing and implementing vaccination policies. Here’s an overview from Vey Willets – “Vaccination Policy Obligations for Ontario Employers”
Check back here often. This webpage will be updated as new information becomes available.
Another issue that is preoccupying many HR professionals, business owners, and leaders, is diversity, equity, and inclusion. If you’re interested in learning more about anti-racism/diversity and inclusion then please visit this page.