Trevor James
As of June 2022, the Canadian government has suspended COVID-19 vaccine mandates for federal workers, domestic and outbound international travellers. However, prior to this, the provincial government of British Columbia (BC) had implemented a vaccine mandate for its public service employees, requiring them to show proof of vaccination or face suspension from work. This mandate caused some controversy, with a group of BC Public Service employees expressing their opposition through anti-vaccine emails sent via government servers. The BC government's decision was influenced by recommendations from doctors and the growing number of employers and institutions implementing similar measures. While some legal challenges to vaccine mandates have been raised, the overall high vaccination rate in Canada has led to the suspension of mandates in recent months.
| Characteristics | Values |
|---|---|
| Vaccination requirement for BC government employees | Yes, as of November 2021, BC government employees were required to be fully vaccinated against COVID-19 or face suspension from work. |
| Exemptions | Employees can request an exemption, but if denied, they may be placed on unpaid leave for at least three months and potentially terminated. |
| Maternity leave | Unvaccinated mothers on maternity leave may have to repay maternity benefits of up to $50,000 if they cannot return to work due to not meeting vaccination requirements. |
| Work from home | Unvaccinated employees are allowed to work from home, but only two out of five days a week. |
| Employee response | Some BC government employees have expressed opposition to the mandate, forming groups like "BC Public Servants Employees for Freedom" and sending anti-vaccine emails using work accounts. |
| Legal challenges | There are potential legal challenges to vaccine mandates under the Charter of Rights and Freedoms, but employment lawyers believe these are unlikely to succeed. |
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What You'll Learn
- Unvaccinated mothers on maternity leave facing large repayments
- Doctors of BC call for mandatory vaccination for healthcare workers
- BC Public Service employees must be vaccinated or face suspension
- Legal challenges to vaccine mandates by government employees
- Doctors of BC implement their own vaccine mandate for employees
Unvaccinated mothers on maternity leave facing large repayments
The BC Centre for Disease Control recommends COVID-19 vaccination for people who are pregnant, breastfeeding, or who may become pregnant. However, a group of around 30 mothers from across the province, working in the BC Public Service, are facing potential repayments of their maternity leave top-up benefits, which could amount to as much as $50,000. These mothers began their maternity leave before October 2021, when the provincial vaccine mandate for BC Public Service workers was announced. They accepted the government's top-up benefit, which pays around 80% of the usual salary, with the expectation that they would return to their jobs on the predetermined date.
These mothers claim that when they signed the contract, they were unaware that the government's policies and terms of employment could change while they were on leave. A statement from the Provincial Government to My PG Now reads:
> The vaccination policy stipulates that BC Public Service employees who do not receive two doses of vaccination against COVID-19, or refuse to disclose their vaccination status, and do not have an approved exemption request, are to be placed on a leave without pay for a period of at least three months, after which they may be terminated.
Some of these mothers are currently working from home, awaiting a verdict on their exemption requests. One mother described her situation as "coercion", feeling that she must either submit to the policy or lose her job and owe tens of thousands of dollars. In response, a Public Service representative stated, "That's an opinion about someone not liking the terms of employment."
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Doctors of BC call for mandatory vaccination for healthcare workers
In 2021, Doctors of BC called for the provincial government to make COVID-19 vaccination mandatory for all healthcare workers. They expressed frustration that some outbreaks, especially in vulnerable populations, were triggered by unvaccinated staff. Doctors of BC also highlighted that unvaccinated workers in the healthcare sector constitute an ongoing gap in the layers of protection for communities. They further encouraged other employers to follow their lead in implementing a vaccine mandate for employees working on-site.
In addition to healthcare workers, Doctors of BC also recommended mandatory vaccination for individuals in the education and childcare sectors. This was particularly important as many young children were ineligible for vaccination and relied on the adults around them for protection. With the growing number of employers, venues, and institutions implementing vaccine mandates, full participation in society would require vaccination, at least until the situation improved.
The provincial government's vaccination policy for public service employees supported the call for mandatory vaccination. Unvaccinated employees were placed on leave without pay for at least three months and could be terminated if they did not receive two doses of the COVID-19 vaccine, unless they had an approved exemption. This policy affected mothers on maternity leave, who faced challenges due to changing terms of employment during their leave.
While the BC Tories called for the removal of vaccine mandates for healthcare workers, the provincial government's Bill 36 authorized the health minister to require vaccination against specified transmissible illnesses for healthcare workers. This led to suspensions and terminations for unvaccinated healthcare workers, contributing to a healthcare worker shortage in the province.
The Justice Centre for Constitutional Freedoms sued BC to end the mandatory vaccine policy for healthcare workers, citing violations of rights and freedoms. They argued that the vaccines did not prevent infection or transmission, and that natural immunity was equivalent to vaccine-induced immunity. Despite these challenges, BC continued to uphold vaccine mandates for healthcare workers, even as other provinces began to relax their restrictions.
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BC Public Service employees must be vaccinated or face suspension
In British Columbia, COVID-19 vaccination has been mandated for all public service employees. Those who are unvaccinated or refuse to disclose their vaccination status without an approved exemption request are to be placed on a leave without pay for a period of at least three months, after which they may be terminated. This mandate was enacted to curb the spread of COVID-19 and protect vulnerable populations, including young children who are ineligible for vaccination.
BC Public Service employees who do not receive two doses of the COVID-19 vaccination, refuse to disclose their vaccination status, or do not have an approved exemption, are subject to disciplinary action. The provincial government's vaccination policy states that these employees will be placed on unpaid leave for a minimum of three months and may face termination if they do not comply. This policy change has impacted mothers on maternity leave, who now face a difficult choice between getting vaccinated or potentially losing their jobs and owing up to $50,000 in maternity leave repayment.
The BC Public Service Agency has faced some backlash from employees, with members of the Telegram group "BC Public Servants Employees for Freedom" expressing their opposition to the mandate. Despite this, the Agency remains confident that the majority of employees will comply with the requirement. They are taking “appropriate follow-up” action in response to anti-vaccine emails sent by multiple employees from their work accounts, which violated various government Standards of Conduct agreements.
While some legal challenges to vaccine mandates have been raised, citing the Charter of Rights and Freedoms, employment lawyers and professors believe that these are unlikely to succeed. Employers have a broad right to terminate employment for unvaccinated workers, as long as proper severance is paid. The provincial government's mandate for BC Public Service employees aims to protect public health and safety, and employees who do not comply may face suspension or termination.
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Legal challenges to vaccine mandates by government employees
In the context of the COVID-19 pandemic, vaccine mandates have been a contentious issue, with legal challenges arising from government employees across various jurisdictions. While some countries and states have implemented measures to encourage or require vaccination, these initiatives have been met with resistance and legal scrutiny.
In the United States, for instance, President Biden's Executive Order mandating COVID-19 vaccination for federal employees and contractors by November 22 and December 8, 2021, respectively, faced strong opposition. Congressman Dan Newhouse characterised the mandate as "unconstitutional," arguing that it infringes on individual rights and fails to acknowledge natural immunity acquired through recovery from the virus. He introduced legislation to provide an exemption for individuals who could demonstrate COVID-19 antibodies. This mandate has also been criticised for disregarding the safety protocols already followed by federal workers and for potentially jeopardising community safety by resulting in the termination of essential personnel.
Legal challenges to vaccine mandates have also emerged at the state level in the United States. For example, in Texas, 117 employees of Houston Methodist Hospital filed a lawsuit after being fired for refusing to comply with the hospital's vaccine mandate. The lawsuit was initially dismissed by a district judge, but an appeal was subsequently filed. Additionally, 16 states filed a lawsuit in February 2022, challenging the federal CMS mandate.
Beyond the United States, in the Canadian province of British Columbia, unvaccinated mothers working in the BC Public Service have faced challenges due to vaccine mandates. These mothers, who were on maternity leave when the mandate was enacted, risk repaying their maternity benefits, which can amount to up to $50,000. They argue that the terms of their employment changed after they signed their contracts and began their leave. While some have chosen to not disclose their vaccination status and work from home while awaiting a verdict on their exemption requests, others face the difficult choice between getting vaccinated or losing their jobs and owing significant amounts of money.
These legal challenges to vaccine mandates by government employees have sparked debates around individual rights, public health, and the appropriate balance between them. While some argue that vaccination should be a personal choice, others emphasise the importance of protecting public health and community safety. As the COVID-19 pandemic continues to evolve, it is likely that further legal challenges and discussions surrounding vaccine mandates will arise.
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Doctors of BC implement their own vaccine mandate for employees
Doctors of BC have expressed their concerns about unvaccinated workers in the healthcare, education, and childcare sectors, who pose a risk to vulnerable populations, including young children who are ineligible for vaccination. In light of this, Doctors of BC have implemented their own vaccine mandate, requiring employees to be vaccinated to work on-site.
This decision is supported by scientific evidence and public health guidance, which indicates that unvaccinated individuals are significantly more likely to be hospitalized with COVID-19. By mandating vaccines for their employees, Doctors of BC are prioritizing the protection of their communities, especially those who are most vulnerable.
The organization encourages other employers to follow their lead and calls on the provincial government to facilitate the implementation and enforcement of such policies. As of November 1, 2021, WorkSafeBC, a similar organization, also mandated vaccination for most of its employees who interact with the public, employers, workers, and other staff. This policy decision was influenced by the current public health situation and risk levels, with scientific evidence supporting vaccination as a primary preventative measure.
While some BC government employees, such as those in healthcare, have been subject to vaccine mandates, the focus of this discussion is on Doctors of BC, a separate entity, implementing their own mandate for their employees. This mandate is in line with the growing trend of employers, venues, and institutions requiring vaccinations, which highlights the importance of vaccination for full participation in society, at least in the context of the ongoing COVID-19 pandemic.
It is worth noting that the vaccine mandate has faced some opposition, with legal challenges and concerns raised about the fairness and scientific basis of the policy. However, the Court upheld the mandate for BC healthcare workers, resulting in the termination of thousands of unvaccinated employees in the healthcare sector.
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Frequently asked questions
Yes, the BC government has implemented a COVID-19 vaccine mandate for its employees. Those who are unvaccinated and do not have an approved exemption request may be placed on unpaid leave for at least three months and may eventually be terminated.
While there are sections of the charter that could be used by a government employee to challenge a vaccine mandate, it is generally agreed that an employer can terminate an employee for not being vaccinated.
Some BC government employees have been critical of the mandate, with some sending anti-vaccine emails and joining anti-mandate groups on social media.
