Mandatory Vaccinations for Federal Employees
From the beginning of the pandemic, the Liberal government made a commitment to protect the health and safety of all Canadians. It makes me incredibly proud that Canada is a world leader on COVID-19 vaccinations, and I’d like to thank the millions of Canadians who rolled up their sleeves to get vaccinated. Vaccines work.
On October 6, the federal government took further steps to finish the fight against COVID-19 by mandating vaccinations for all employees in federally regulated workplaces. This comes into effect on October 29th, 2021.
As the country’s largest employer, the Government of Canada is committed to playing a leadership role by further protecting the health and safety of public servants and the communities where they live and work across Canada and around the world. A federal vaccination requirement also protects the safety of anyone who enters a federal office to get the services they need.
Under the new policy, federal public servants in the Core Public Administration, including members and reservists of the Royal Canadian Mounted Police, must be vaccinated against COVID-19 by October 29th, 2021. The requirement for employees to be vaccinated applies whether they are teleworking, working remotely, or on-site. Contracted personnel who require access to federal government worksites will also need to be vaccinated.
As early as November 15, public servants who refuse to disclose their status or who are not fully vaccinated will be placed on administrative leave without pay.
I would also like to remind those who work in the core public administration that, if they need it, they have access to up to a half a day of paid leave in order to get vaccinated during work hours. In accordance with the Directive on Leave and Special Working Arrangements, “Time off for personal medical and dental appointments” (code 698) can be used for both vaccine appointments.
More details are available here.
Frequently Asked Questions
Below are the answers to some of constituents’ frequently asked questions surrounding the federal vaccination mandate:
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Yes, the federal government’s vaccination policy states that employees are responsible for disclosing their vaccination status and testing status accurately as required.
Mandatory vaccination policies have previously been implemented by other employers. In those cases, the collection and disclosure of vaccination status was permitted by arbitrators as the only means of enforcing the policy.
Employees have the right to medical privacy and any personal health information that is collected, used, or disclosed must comply with applicable privacy laws. Employers should also limit their questions to gather only the information that is strictly necessary.
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The vaccine policy states that all employees are to be fully vaccinated, “unless accommodated based on a certified medical contraindication, religion, or another prohibited ground for discrimination as defined under the Canadian Human Rights Act.” For employees who fall within these specific accommodations, employers are required to adhere to the Directive on the Duty to Accommodate.
There is no legal obligation for the employer to accommodate employees who have elected not to be vaccinated due to personal beliefs. Personal beliefs are not prohibited grounds for discrimination under the Canadian Human Rights Act or any other legislation.
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If you are unable to be vaccinated due to a certified medical contraindication, religion, or another prohibited ground of discrimination as defined under the Canadian Human Rights Act, and are requesting accommodation, you will be required to provide supporting documentation to your manager.
Employees should make the request for accommodation and provide supporting documentation to their managers at the earliest opportunity or by the attestation deadline. Prompt requests will enable the managers to make decisions more effectively, so that if it is determined that the duty to accommodate does not apply, employees will be able to comply with the Policy on Vaccination.
Supporting documentation may include:
Documentation from the employee’s medical physician or nurse practitioner setting out grounds for not receiving or for delaying the COVID-19 vaccine and specifying whether the reason is permanent or time limited.
A sworn attestation (signed before a commissioner for taking affidavits) containing detailed information about the sincerely held religious belief that prohibits full vaccination.
An attestation of the details regarding one or more of the prohibited grounds of discrimination under the Canadian Human Rights Act that renders the employee unable to be fully vaccinated.
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No, the policy clearly states that testing is not a substitute for vaccination.
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To submit your vaccine attestation, visit the Declare your COVID-19 vaccination status website and follow the instructions.
If you are still having trouble, speak with your manager.
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Yes, the federal government’s vaccination policy applies to all employees in the core public service, RCMP, CBSA and Correctional Services.
This includes employees who are teleworking because, according to the federal government, all employees may have to attend scheduled meetings or events, access sensitive information, or address urgent operational requirements.
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Public service workers who are unable to provide proof of vaccination will be placed on unpaid leave by November 15, 2021.
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Yes. If you do not submit your vaccine attestation by October 29, 2021, as per the policy you could be placed on leave without pay as early as November 15, 2021.
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No, there is nothing in the policy that allows managers to approve various paid leaves to avoid vaccination or extend the deadline to be vaccinated.
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The current Policy on Vaccination does not consider termination of employment or a specific end date to leave without pay. The policy will be reviewed every six months.
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The policy will be in place for the duration of the COVID-19 pandemic. A date for review of the policy is scheduled to take place in six months. This means that an employee could be placed on leave without pay for at least six months.
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An employee cannot receive EI payments when on leave without pay as Employment and Social Development Canada’s eligibility requirements consider it to be the same as “if you voluntarily left your job without just cause.”
As for a second job, the employer has no right to limit an employee's activity if they respect the rules and policies concerning conflicts of interest and/or any provisions in a collective agreement that would limit the type of outside work an employee may perform.
