Sectoral Implications of COVID-19 Public Health Emergency Rescission

BC’s Public Health Officer declared an end to the COVID-19 public health emergency on July 26, 2024 and as a result, legal restrictions against unvaccinated employees working in this sector have been lifted.

The following provides preliminary directions. CSSEA will continue to have discussions with a number of parties including members, funding representatives and unions to address emerging issues, and will update you on these directions when there are further developments.

Employees Terminated Due to Unvaccinated Status

Former employees who were terminated and do not have an outstanding grievance are eligible to apply for employment as new employees. They are to be treated like external applicants.

Employees Terminated Due to Unvaccinated Status with Outstanding Grievances

For employees who were terminated and have outstanding termination grievances, please contact your HRLR Advocate/Consultant to discuss next steps as there may be unique circumstances that need to be considered. CSSEA will examine those circumstances and advise of the recommended approaches to be taken.

Employees on Leave of Absence Due to Unvaccinated Status

For employees who were placed on and continue to be on unpaid leave of absence, they can be returned to active employment. CSSEA recommends that each employee be contacted in writing at their last known address/e-mail address, and that they be requested to declare if they wish to return to active employment within two weeks of the date of communication. Advise them that if there is no response, they will be deemed to no longer wish to be on an unpaid leave and therefore, their employment will end.

If they reply in the affirmative:

• For those employees whose positions were backfilled on a temporary basis, arrange for them to re-commence their work schedules. Employees should be returned to work as soon as practicable, eg. two to four weeks.
• For those employees whose positions were filled on a permanent basis, they may bid on current job postings and be appointed under Article 24.3. If job postings remain unfilled (i.e., posted once internally and externally as per Article 24.1 and there are no successful applicants), they may be offered the vacancies provided they are qualified and able, and have the seniority. If needed, ability may be assessed in an interview. While these employees are waiting to be placed in a vacant position, they may choose to be placed on the casual call-in list assuming the program(s) for which they are qualified requires additional casuals. Employees who decline a position will continue to be on an unpaid leave for a reasonable period of time (CSSEA recommends no more than two months, or if using a specific deadline, no later than October 15, 2024) until they successfully bid into a permanent position, are offered and accept a permanent position, are placed on a casual call-in list, or resign/are terminated due to the unpaid leave period expiring.

For both of these groups of employees, outline any expectations regarding what is needed to return to work, for example criminal record check and completion of (or scheduling of) necessary training such as worksite/program specific training, CPR/first aid, food safety, etc. The need to meet these expectations may impact on the timing of any return to work.

Please note that returning employees are not entitled to bump as they have been on an unpaid leave of absence, and were not laid off.

Health and Safety Policies and Disclosing Immunization Status

With the rescission of the mandatory vaccination directives, employers are now left with their existing policies and procedures on vaccination and communicable disease prevention and protocols. We recommend that they be reviewed and updated based on directions received from your funder(s) and WorkSafeBC resources.

The updates may include mitigation measures that need to be taken in relation to employees who remain unvaccinated (or who do not declare their vaccination status) in the event of a future exposure, outbreak, or pandemic. To support an effective response, CSSEA is aware that the Ministry of Health is requiring its contracted employers to gather information on employees’ immunization statuses.

Collection of Immunization Statuses for Agencies with Contracts with Health Authorities

If your agency has one or more contracts with health authorities, directions were issued in the health sector for employers to maintain a registry of employees’ immunization status to support the safe and effective deployment of employees, and the safety of persons served, in the event of an exposure, outbreak or future pandemic. Mitigation methods may need to be adopted in such an event such as masking or redeployment, or exclusion from the workplace.

Please see this link for health sector direction and policy.

Collection of Immunization Statuses for Agencies with No Contracts with Health Authorities

For those agencies that have similar health and safety concerns about the risks to persons served and/or their employees, there may be a need to explore the enactment of (or review the continuation of) a similar policy. CSSEA recommends that you seek further direction from your funder(s) and WorkSafeBC on the need for this specific policy.

Should you have any questions, please contact your HRLR Advocate/Consultant.