B.C. ending COVID-19 vaccine mandate for government staff on April 3

The B.C. government is planning to kick off April by lifting its mandatory COVID-19 vaccination policy for many provincial employees.

In a news release on March 10, the Ministry of Finance said proof of vaccination won’t be required for BC Public Service staff as of April 3. Public-service employees will not need to be vaccinated against COVID-19 in order to continue working.

“The decision to rescind the policy was made based on the high level of vaccination among public-service employees and the current state of the pandemic,” the release reads.

“More than 98 [per cent] of employees met the requirement, which helped keep everyone safe.”

However, the province added that employees “are still required to be vaccinated if they work in settings with provincial health officer orders or other vaccination requirements.”

In November 2021, the B.C. government implemented its mandatory vaccination policy for public-service employees to ensure a safe work environment during the COVID-19 pandemic.

“While it is now possible to remove this policy, the pandemic is not over and the Public Service Agency continues to encourage all BC Public Service employees to remain up to date on their COVID-19 vaccinations, including booster doses.”

SEE ALSO
• City of Toronto ends COVID-19 vaccine mandate for staff on Dec. 1
• TTC lifts COVID-19 vaccine mandate for staff on Nov. 27
• Can my employer mandate the COVID-19 vaccine?

Put on “unpaid leave”?

Unpaid leaves are considered illegal in Canada. In most cases, employers don’t have the right to suspend a non-unionized employee’s pay or eliminate their hours of work.

When major changes are made to your job without your consent, the law allows you to treat this as a termination and pursue full severance pay through a constructive dismissal claim.

An experienced employment lawyer at Samfiru Tumarkin LLP can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you deserve.

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How is severance pay calculated?

In British Columbia, severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our firm’s free Severance Pay Calculator can help you figure out how much you are owed.

If your employer’s offer falls short of what is appropriate, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

Our experienced employment lawyers regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay in a recession
• Rights to severance for provincially regulated employees
• Severance for federally regulated employees

Can the B.C. government fire staff for not getting vaccinated?

The B.C. government can fire non-unionized employees for not getting vaccinated — even if doesn’t impact the overall safety of the workplace.

This is called a termination without cause. Employers in the province can let you go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

If you refuse the jab, but there is a provincial or federal mandate requiring you and others in your particular field to get the COVID-19 vaccine, it’s possible that your boss could fire you for just cause.

This type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, assault, or theft.

If you are terminated for just cause, the company doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: You are still owed severance if…

Employment lawyers for non-unionized B.C. government employees

If you were fired or let go for not being vaccinated, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C. have helped numerous non-unionized individuals across the province resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation that you are legally entitled to.