This page addresses the impact of workplace vaccination policies on individuals working in British Columbia. Please refer to our other resources for information about employment rights and vaccination requirements in Ontario, Alberta, and for federally regulated industries.
Please note that this page only addresses non-unionized employees. Our main page about mandatory vaccinations explains why we can’t help unionized employees.
GET ANSWERS NOW
2. Long-term care and assisted living mandate
3. Vaccine mandate for B.C. healthcare workers
4. BC Public Service and vaccine mandate
5. Rights for employees when there is no mandate
6. Additional Information
7. Disclaimer and Contact Information
Is there a government COVID-19 vaccine mandate in B.C.?
There is currently a COVID-19 vaccine mandate for workers in the following healthcare settings in B.C.:
Outside of the healthcare sector, the B.C. government has not announced any additional mandates for other workplaces.
This means that it is actually illegal for a company to institute a vaccination policy that results in an unpaid leave of absence or “for cause” termination of an employee who refuses to vaccinate.
B.C. long-term care and assisted living workers, and mandatory vaccinations
On October 5, 2021, B.C. Provincial Health Officer Dr. Bonnie Henry announced that an order will come into effect on October 12. This mandate will require all long-term care and assisted living workers to:
- have their first dose of COVID-19 vaccine by October 12; and
- get their second dose within 35 days of the first shot.
Those employees who do not have their COVID-19 shot by end of day on October 12 will be put on an unpaid leave of absence.
Can a long-term care or assisted living employee in B.C. be put on an unpaid leave of absence if they fail to get vaccinated?
Non-unionized B.C. employees working in the long-term care or assisted living sector, who fail to get vaccinated by the October 12 deadline, can be placed on an unpaid layoff or leave of absence. Because the province’s mandate allows employers to place non-compliant workers on this type of leave, an employee will likely not be able to pursue constructive dismissal (resignation with severance) under common law.
Healthcare workers and vaccination policy
B.C. health officials announced that workers and volunteers at healthcare facilities across the province needed to be fully vaccinated against COVID-19 by October 26, 2021.
This mandate, announced by Provincial Health Officer Dr. Bonnie Henry, expanded on an earlier vaccination requirement for workers at long-term care homes and assisted living facilities. Employees in those settings must be fully vaccinated by October 12, 2021.
This mandate will apply to everyone working in:
- health-care facilities; and
- home and community care locations, including client homes.
The term “everyone” includes students, physicians, residents, contractors, volunteers, and all other healthcare professionals.
Anyone who remained unvaccinated by the deadline would be placed on unpaid leave.
On February 9, 2022, Dr. Henry announced that all regulated health professionals who were not covered by the October deadline for vaccination must have received at least one dose of the COVID-19 vaccine by March 24, 2022, and may continue working as long as they receive their second dose within 28-35 days.
Can a healthcare employee in B.C. be fired for refusing to vaccinate?
Non-unionized employees in B.C. who don’t get fully vaccinated against COVID-19 in the healthcare sector, by October 26, can be fired “for cause” for refusing to comply with the government mandate. They will not be entitled to severance pay or Employment Insurance (EI).
Because B.C.’s mandate allows employers to place non-compliant workers on an unpaid leave of absence, an employee will not be able to pursue constructive dismissal (resignation with severance) under common law.
BC Public Service and mandatory vaccinations
BC Public Service Staff do not need to have proof of vaccination in order to continue working or obtain employment in the province’s public sector. The mandate ended on April 3, 2023. The Ministry of Finance announced the news in a release on March 10, 2023.
“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,” the release reads.
There are currently 30,000 people working in the province’s public service.
What are my rights if my employer creates a vaccine policy, but there is no B.C. government mandate?
If no vaccine mandate has been put in place by the Government of British Columbia, your employer can’t legally fire you for cause if you refuse to get the vaccine.
This means that you are likely owed full severance pay if you are let go.
It is considered a wrongful dismissal if you are let go without cause, and fail to receive the proper amount of severance pay – in some cases that could be as much as 24 months’ pay.
An employee may also be owed human rights damages if they are let go under these circumstances.
If you lose your job in B.C. due to your employer’s vaccine mandate, contact the employment lawyers at Samfiru Tumarkin LLP immediately to find out about the compensation you could be owed.
Additionally, your employer can’t place you on an unpaid leave of absence if you don’t get a COVID-19 jab. You may be able to treat this change as a constructive dismissal, allowing you to exit your job with a severance package.
Additional Information
- Mandatory vaccinations: If you have additional questions about employers requiring proof of vaccination, testing, or masking, please see our FAQ on the mandatory vaccination page.
- Proof of vaccination: We have also created a page that contains information on B.C.’s Proof of Vaccination system and vaccine card.
- Mask Mandates: Find out if there is a COVID-19 mask mandate in place in B.C.
Disclaimer and Contact Information
Samfiru Tumarkin LLP believes that vaccinations are an effective tool in the fight against COVID-19, and urges eligible Canadians to fully vaccinate to protect themselves and those around them.
However, the fact remains that there are various legal realities and considerations that must be observed and enforced where workplace policies are concerned, including mandatory vaccinations, human rights, terminations and severance entitlements.
If you work in Ontario, Alberta or B.C. and still have questions about your rights on this matter but haven’t been fired, connect with an experienced employment lawyer via email.
If you are fired or let go by your employer, call us at 1-855-821-5900, Help@EmploymentLawyer.ca, or fill out an online form.
As Canada’s most positively reviewed employment law firm, we are ready to give you the advice you need, the compensation you deserve.