Alberta Health Services places 1,600 staff on unpaid leave

Alberta Health Services mandatory vaccination policy

On Monday, December 13, 2021, Alberta Health Services (AHS) placed 1,650 staff on an unpaid leave of absence for having failed to comply with their vaccine policy. The affected employees include doctors, nurses, support staff, and administration staff.

The employees are those who work for AHS, Covenant Health, and workers at AHS subsidiaries, including Carewest, Capital Care, and Alberta Precision Laboratories.

Can AHS fire employees who refuse to get vaccinated?

The vaccine mandate is NOT a government mandate. It was authorized by the AHS President and CEO, Dr. Verna, Yiu. Dr. Yiu is not an elected member of Alberta’s Legislative Assembly and has no authority to pass legislation.

There is no Alberta law that requires an employer to have their employees to be vaccinated against Covid-19.

Can AHS place employees on an unpaid leave of absence?

AHS can’t place employees on a leave of absence without pay if they fail to get vaccinated. This would be considered a significant change to a worker’s job. Workers may be able to treat the leave as a termination (or constructive dismissal) and pursue full severance pay.

Do AHS employees get severance if they are fired?

Non-unionized AHS employees who are fired for failing to get a COVID-19 vaccination are still entitled to a full severance package.

Their refusal to get vaccinated would not constitute a termination for cause (serious misconduct), in which an employee does not receive severance. Their actions would result in a termination without cause, meaning severance is owed.

SEE ALSO
• Severance packages for AHS employees

How much is severance pay?

A typical severance package in Alberta for a non-unionized employee can be as much as 24 months’ pay. An employment lawyer at Samfiru Tumarkin LLP can determine the amount of severance you should receive by looking at your age, length of service, and position, among other factors.

Our highly respected and effective team can review your unique situation and provide you with answers to your questions. Contact Canada’s most positively reviewed employment law firm today to get the advice you need, the compensation you deserve.