Unvaccinated Toronto Police officers, employees can return as COVID mandate ends

Unvaccinated members of the Toronto Police Service who were put on unpaid leave for failing to follow the force’s mandatory COVID-19 vaccination policy will return to workplace in a few weeks.

TPS Constable Alex Li told local media that the decision to reverse its COVID-19 vaccine requirement was “made in response to the current public health and occupational health context of the pandemic and the unique nature of its work and workplaces.”

Vaccine status with Toronto Police: According to TPS, 99 per cent of its officers and employees are fully vaccinated against COVID-19.

• TPS members who are on an unpaid leave of absence because of their vaccination status will return to duty on June 21, 2022. Officers will be “deployed as operationally required” and civilian employees will take up their original jobs. 101 people are returning to duty.
• New hires must be fully vaccinated as a condition of employment.
• In November 2021, 117 uniform and 88 civilian members of the force were placed on unpaid leave after failing to get shots for COVID-19, or for not revealing their vaccination status.

Will Toronto Police members get back pay and retroactive benefits?

It is unclear if officers and civilian members of the Toronto Police Service will receive back pay, benefits and other entitlements they did not receive while on unpaid leave due to being unvaccinated. For unionized employees, it will ultimately be up to their union to pursue compensation – a fight which some unions may choose not to take up.

For any non-unionized employees returning from an unpaid suspension, they would have to take legal action against an employer who is unwilling to provide back pay. For obvious reasons, it is not an attractive option.

Can an employer suspend or fire an employee for not getting vaccinated?

While unionized employees must refer to their union for clarity on their rights regarding vaccination against COVID-19, there are core rights for non-unionized workers on this subject:

• Unpaid leave: It is illegal for an employer to put an employee on a suspension without pay because they are not vaccinated. It would be a significant change to the employee’s job; they can choose to treat the change as a termination, and can pursue full severance pay with help from an employment lawyer at Samfiru Tumarkin LLP.
• Fired for not getting the jab: An employer can fire an employee for not getting vaccinated. When someone is let go for that reason, it is considered a termination without cause, and a proper severance package is in order. What an employer can’t do is fire the individual for cause, or without severance pay, because they didn’t adhere to the company COVID-19 mandate.