Employers Forcing COVID Vaccines on Workers: 980 CKNW Interview

Interview Summary

As news of potential COVID-19 vaccinations reaches Canada, questions and concerns of personal responsibility and employees’ rights in the workplace have arisen. Will employers be able to mandate vaccinations? Can an employee refuse to be vaccinated and if so, will they be personally liable?

A Vancouver employment lawyer at Samfiru Tumarkin LLP joined Jill Bennett on CKNW to answer these questions and more.

Interview Notes

Can employers make the COVID-19 vaccine a requirement?

Employers cannot require employees or mandate employees to receive a vaccine. Employers can request or strongly recommend the vaccination to their employees, however.

Can employers stipulate that employees who don’t receive a vaccination continue to work from home?

Employers will have to take into consideration employees who choose or cannot be vaccinated and continue to implement health and safety measures in order to provide a safe workplace for every employee. Measures like mask-wearing, isolation, or remote work can be put into place in order to accommodate and protect workers.

Can an employer ask for proof of vaccination?

Employers can ask for proof of a vaccine if an employee is now working at the workplace but won’t be able to use that information for any other purpose. Proof of vaccination will be an extension of COVID-19 questionnaires that many workplaces now ask of employees.

Has the pandemic changed what employees will be required to share in terms of medical records?

Legally nothing has changed in terms of privacy in the workplace and medical information since the pandemic began.

What will the repercussions be if an employee lies about receiving a vaccination?

Employment law has largely remained the same despite the pandemic. Any employee who lies to their employer faces potential termination.

Do different workplaces face different vaccine requirements i.e. front-line workers?

While some workplaces are more high-risk than others, like care homes and hospitals, employers are still not able to mandate vaccinations. Employees in high-risk industries will be strongly encouraged to be immunized.