vaccine passports
Navy & Sage

COVID-19 Vaccine Passports – What Employers Need to Know

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We’ve all been through a lot over the past 16 months. From the initial COVID-19 declaration to countless lockdowns and new regulations. The latest being the vaccine passports in British Columbia. 

As this is new territory and a lot of people are still unsure about what this means for themselves and their businesses, we wanted to help. In this article, we’ll share information that we’ve received from Ascent Employment Law Corporation when it comes to vaccine passports, what it means for employers and we’ll provide an FAQ section at the bottom for easy answers.

What does the vaccine mean for businesses? 

On August 13, 2021, the Government of Canada announced that all federally regulated employees and interprovincial/international travelers will require proof of vaccination. 

Following that announcement, many businesses across Canada stated that all employees will require proof of vaccinations. Different companies from banks to airlines. As of September 13th, certain social and recreational settings and events, including concerts, restaurants, movie theaters and gyms require proof of vaccination. As of right now, you will need to provide confirmation of your first dose and when you received it. 

As of October 24, you will have to show your vaccine card with details on when you received both of your vaccine doses. 

You can sign up for your vaccine passport code here: https://www2.gov.bc.ca/gov/content/covid-19/vaccine/proof

You can find more information on what this means for BC non-essential services by visit the article that Ascent Employment Law Corporation wrote: https://www.ascentemploymentlaw.ca/ascent-news/vaccine-status-requirement

FAQ on the COVID-19 Vaccine and Vaccine Passports.

Mandatory vaccines in the workplace. 

One of the biggest questions out there right now is whether or not employers can require employees to get the vaccine. Here’s what Ascent Employment Law Corporation says: 

“When addressing their obligation to maintain a safe and healthy workplace by minimizing the risk of COVID-19 transmission, Employers need to consider and balance other important factors including the rights of their employees.

Having a mandatory vaccination policy is legitimate in certain safety-sensitive environments and where it is not possible to limit transmission risk through other measures. The BC government’s recent decision to require workers in long-term care homes to be vaccinated is a good example of such a situation.”

It’s important to note that mandatory vaccinations when it comes to COVID-19 is a very novel thing. As a result, it is not possible to give definitive answers on any given issue. Employment lawyers, like Ascent Employment Law Corporation, are being required to make judgment calls based on our understanding of the current legal framework, without the benefit of concrete decisions on these complex and difficult issues.

Issues with mandatory vaccines in the workplace. 

There are several issues an employer needs to consider:

1.  The context of their particular workplace, including:

  • Is a mandatory vaccination policy necessary to ensure the safety of the workplace? Why?
  • Are there lesser measures that will achieve the same effect?
  • How can I minimize the impact of any such policy on my employees?

The onus will be on the employer to justify why a mandatory vaccination policy is necessary.

2.  Privacy issues, particularly relating to disclosure of personal medical information (i.e. an employee’s vaccination status).

3.  Human rights issues, including what options are available for employees who are unable to be vaccinated due to a protected ground (most commonly, medical reasons).

4.  Constructive dismissal risks, and general considerations around employee morale, retention, and relationships in the workplace.

Can you ask for vaccination status?

Another hot topic when it comes to vaccinations is whether or not an employer can ask to see proof of vaccination. Or, if they can ask an employee’s status on the vaccine. 

Simple answer:  It’s completely okay for an employer to ask, with some considerations.  Ascent Employment Law goes on to further explain in more detail below. 

“It is ok for an employer to ask an employee for their vaccination status, provided you comply with the applicable privacy legislation relating to the collection, use, and disclosure of personal information, and are prepared for some employees to refuse to disclose that information.

BC’s privacy legislation generally allows employers more latitude in collecting personal information where it is necessary to effectively manage the workplace; however, best practice is still to obtain informed consent, and to limit the use and disclosure of any such information as much as possible.”

If an employee doesn’t want to share their vaccination status, employers can then follow other workplace safety measures. For example, you could enforce mask wearing, social distancing and enhanced workplace hygiene be maintained. 

Humans Rights violation?

We wanted to address the topic of vaccines and vaccine passports being a Human Rights violation.  Everyone has an opinion about this these days. According to Ascent Employment Law, it’s not an official human rights violation. 

“No, provided your policy accommodates individuals who are unable to be vaccinated for a reason that falls under the BC Human Rights Code, and it is necessary to ensure the health and safety of the workplace.”

Can you ask an employee for proof of exemption?

“Yes, an employer is permitted to ask an employee for confirmation that they are unable to be vaccinated for a reason protected under human rights legislation.

In the case of a physical or mental disability, an employer can require a doctor’s note confirming the employee has been advised against vaccination for medical reasons. In the case of other exemption requests, employers should use their best judgment in terms of what is required, and ensure they are consistent with respect to the level of proof requested.”

Tips for a positive workplace environment. 

Here are some tips on how to implement these requirements while still keeping a positive workplace environment.  

  • Give notice – this provides your employees with the opportunity to consider if they would like to be vaccinated, get clarification on what happens if they choose not to, and allows time for employees to be vaccinated, if they choose to.
  • A clear timeframe (i.e. this policy will take effect October 1, 2021) also reduces the risk of a constructive dismissal claim, as you have now given the employee advance, written notice of the changes being made to the workplace.
  • Offer incentives – in addition to increasing compliance, this can act as consideration for the changes (again, reducing the risk of constructive dismissal claims).
  • Make the policy temporary and subject to regular review – as with all COVID-19 issues, the situation changes rapidly. Requiring vaccinations may become more or less acceptable as time goes on, and depending on what scientific evidence is available regarding vaccine effectiveness compared to other measures (such as masking, hand washing, and physical distancing).
  • Consider framing – rather than having a mandatory vaccination policy, consider if a mandatory masking policy (with exemptions for vaccinated individuals) is more justifiable.
  • Respect privacy – ensure your policy addresses the issues around privacy relating to vaccination status, including a statement regarding how information that is disclosed will be kept secure.
  • Provide exemptions – there should be language around who may qualify for an exemption, how to request one, and what an alternate plan to vaccination looks like (work from home options, mandatory masking and physical distancing in the workplace, mandatory testing, etc.).
  • Document your process – be prepared to justify the imposition of the policy to decision-makers, if it is challenged. Why is it necessary? How was that decision reached? What steps were taken to minimize its impact on employees?

Reach out to Navy & Sage Benefits for More Information.

If you’re still struggling with implementing these new mandates in your office, reach out to Navy & Sage Benefits. We are here to help make the transition easy and seamless for employers as well as employees.  We are attending seminars and discussing best practices regularly with our team, our network and our clients. 

Give us a call or email to set up a time to chat about this information and learn more about how we can help your company in these trying times.