This page addresses the impact of workplace vaccination policies on individuals working in Ontario. Please refer to our other resources for information about employment rights and vaccination requirements in Alberta, BC, and federally regulated businesses.
Please note that this page only addresses non-unionized employees. Our main page about mandatory vaccinations explains why we can’t help unionized employees.
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2. Healthcare workers and vaccine policy
3. Long-term care workers and vaccine policy
4. Rights for employees when there is no mandate
5. Additional Information
6. Disclaimer and Contact Information
Has Ontario mandated COVID-19 vaccinations for all workplaces?
No, the Government of Ontario has not enacted a mandate that all non-unionized employees in the province must be fully vaccinated against COVID-19 by a certain date. The only sector-based mandate that was enacted applied to long-term care workers and that mandate was revoked on March 14, 2022.
This means that there is currently no government vaccine mandate in effect for any sector, so employers don’t have the ability to impose a policy on their workers that penalizes them for refusing to vaccinate, including an unpaid leave of absence and termination for cause. Any policy that attempts to do so could be illegal.
Healthcare workers and vaccination policy
On March 14, 2022, the Ontario government lifted its requirement for hospitals to have a vaccination and testing policy in place. However, individual organizations and hospitals can decide to keep their vaccination policies in place and may continue to do so even as the province lifts emergency orders set in place earlier in the pandemic.
Previously, on November 3, 2021, Premier Doug Ford said that the province would not make vaccination mandatory for hospital workers, but hospitals would be required to have a vaccination and testing policy in place. Ford stated that they arrived at the decision amid worries about staffing shortages in the healthcare sector.
Can a healthcare sector employee in Ontario be fired for refusing to get vaccinated?
Non-unionized employees in Ontario working for a hospital, or home and community care provider, who choose not to be vaccinated cannot be fired “for cause” for refusing to comply with their employer’s policy. There is no active government mandate that requires workers in this sector to be vaccinated against COVID-19.
An individual let go in this situation is likely entitled to a full severance package.
Long-term care workers and vaccination policy
On March 14, 2022, the Ontario government revoked its vaccine mandate for long-term care homes in the province. The directive required staff, support workers, visitors, and students to show proof of vaccination before entering a long-term care facility.
Previously, the province had mandated a third dose of the COVID-19 vaccine for all long-term care staff and other workers present in long-term care facilities by March 14, 2022, but dropped the mandate on that date instead.
Can a long-term care employee in Ontario be fired for refusing to vaccinate?
Non-unionized long-term care employees in Ontario who refuse to fully vaccinate against COVID-19 can no longer be fired “for cause” for refusing to comply with their employer’s vaccination policy. In that case, they would still be entitled to severance pay or Employment Insurance (EI).
What are my rights if my employer creates a vaccine policy, but there is no government mandate in Ontario?
Since there are currently no government mandates for the vaccine, 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 Ontario 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
If you have additional questions about employers requiring proof of vaccination, testing, or masking, please see our FAQ on the mandatory vaccination page.
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 BC 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.