Lost your job over COVID-19 vaccine refusal? You may not qualify for EI, feds say – National

Employees who lose their job over a refusal to vaccinate towards COVID-19 might not be eligible for employment insurance coverage advantages, based on up to date pointers from the federal authorities.

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

The division stated if an worker doesn’t 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 stop, took a go away of absence or have been dismissed – doubtlessly disqualifying them from E.I.

The discover additionally lays out a number of components 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 pointers imply employees who refuse to vaccinate and can’t be accommodated by their office might not have employment insurance coverage advantages to fall again on.

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No jab, no job: Some well being employees stop over COVID-19 immunization mandate

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

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

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

“Additionally, is it a reward to that particular person to now present them insurance coverage advantages primarily based on a desire or selection or a failure to satisfy a basic time period of their employment.”

Savaglio added: “There will definitely be circumstances the place workers is not going to be entitled to employment insurance coverage.”