Workers who resist vaccine mandates may not be eligible for EI, according to feds

Employees who lose their job over a refusal to vaccinate in opposition to COVID-19 is probably not eligible for employment insurance coverage advantages, in response to up to date tips from the federal authorities.

Employment and Social Improvement Canada has issued a discover to employers imposing vaccine mandates to assist them fill out information of employment, a doc wanted to use for E.I. advantages.

The division mentioned if an worker does not report back to work or is suspended or terminated for refusing to adjust to a vaccine mandate, the employer ought to point out that they give up, took a depart of absence or had been dismissed — doubtlessly disqualifying them from E.I.

The discover additionally lays out a number of elements that might be thought of, together with whether or not the vaccine coverage was clearly communicated, if it was cheap throughout the office context and potential exemptions.

Employment lawyer Adam Savaglio says the up to date tips imply staff who refuse to vaccinate and can’t be accommodated by their office might not have employment insurance coverage advantages to fall again on.

Nonetheless, the evaluation of employment insurance coverage purposes will probably be executed on a case-by-case foundation, he mentioned.

“The important thing query is are you entitled to profit from employment insurance coverage in case you refuse to vaccinate,” mentioned Savaglio, a associate with Scarfone Hawkins LLP in Hamilton, Ont.

“In sure circumstances, I believe they are going to take a contextual method taking a look at all of the elements of that particular person’s employment, together with whether or not it was a needed situation of their employment contract that they be vaccinated,” he mentioned.

“Additionally, is it a reward to that particular person to now present them insurance coverage advantages based mostly on a choice or alternative or a failure to fulfill a basic time period of their employment.”

Savaglio added: “There will definitely be circumstances the place staff won’t be entitled to employment insurance coverage.”

This report by The Canadian Press was first revealed Oct. 22, 2021.

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