Alex Lucifero on update to federal vaccination mandate

Interview Summary

The federal government has reaffirmed its decision to impose a vaccine mandate for federal workers and federally regulated employees. For employees and employers, refusing to be vaccinated will lead to consequences and possibly termination without severance. What will this mean for employers within this sector? Does this mandate apply to all federal workers?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins Kristy Cameron on Newstalk 580 CFRA to answer these questions and more.

Interview Notes

How long can unvaccinated employees be kept on unpaid leave?

In unionized settings, the union is the legal representative for all employees and typically there is an ongoing conversation between union representatives and the employer. In non-unionized settings, most employers are not permitted to impose mandatory vaccine policies. Unionized employees will be kept on leave in accordance with the collective agreement however non-union employees’ unpaid leave is effectively a termination. Employees who are put on unpaid leave can treat the leave as termination and pursue severance.

Can public servants push back against the federal vaccine policy?

Employees do have medical and religious exemptions however most employers should try and be flexible and reasonable in these circumstances. Severe regulations can lead to unfair results for employees and alternatives should be offered such as regular COVID-19 testing.