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The pandemic has led to massive lay-offs, economic instability and workers fearful for their financial future. Changes in laws, mandates and workplace policies can add to the confusion and anxiety many are facing on the job. With mandatory vaccine policies being rolled out in workplaces across the country, lawyers are being inundated with questions about workers’ rights.
Many employees are seeking clarity regarding human rights and medical exemptions, says Bram A. Lecker, employment lawyer and founder of Toronto-based law firm, Lecker & Associates. He cautions that it would be very difficult to prove a religious exemption, adding the Human Rights Tribunal of Ontario’s policies do not support those exemptions at this time. "However, medical exemptions could be related to allergies, negative reactions to a COVID-19 vaccine or myocarditis and would need to be accommodated by the employer without termination," said Lecker.
If a worker has been given a timeline to get vaccinated and still has not met that requirement, unvaccinated employees should still do their best to comply with their employer’s vaccine policy, says associate lawyer, Kimberley Sebag. There are other steps that can be taken to demonstrate a willingness to fulfill work obligations.
“I’ve seen some vaccination policies that say if you’re not going to be vaccinated, take an online education course on vaccinations, submit a certificate showing that you’ve done so, submit to testing, fill out a...
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