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Human Resources Policy 25 – COVID-19 Vaccination The BC Public Service (BCPS) is committed to the health, safety, and wellbeing of employees. In accordance with information and data provided by British Columbia’s Provincial Health Office (PHO), being fully vaccinated against COVID-19 is the most effective way to safeguard employee health and reduce the risk of transmission. Effective Date and Timing The policy will be effective starting on November 1, 2021 and will be reviewed and updated as needed based on guidance and directives from the PHO. The policy will be in effect until general public health concerns regarding COVID are reduced to a level, prescribed by government, to enable workplaces to operate without COVID-related restrictions. Purpose The purpose of this policy is to: • Promote the health and safety of employees and others in the workplace through COVID vaccinations. • Define the conditions and expectations for BCPS employees, contractors, and others in the workplace to disclose their vaccination status and to be vaccinated. Principles The principles guiding this policy are to: • Remain in compliance with any directives and guidance from the Provincial Health Office and WorkSafeBC, as well as applicable collective agreement provisions and terms and conditions of employment. • Balance the privacy and human rights issues of employees versus the requirements to maintain a safe work environment for employees and to protect the public in providing services. • Promote a respectful work environment by ensuring, in accordance with the Standards of Conduct, that employees are aware that harassment or other prohibited conduct directed toward an individual for any reason, including based on their vaccination status or accommodation measures, will not be tolerated. Application and Scope This policy applies to any government organization with BCPS employees that are hired under the Public Service Act, including any Board, Commission, Agency, or other organization to which the Public Service Act applies or whose employees are hired in accordance with the Public Service Act. Where any Board, Commission, Agency, or organization can demonstrate that it has a comparable COVID vaccination policy, it will not be obliged to apply the specific requirements as set out in this policy. This policy applies to any employee working for the BCPS regardless of whether the employee works onsite in a BCPS worksite or remotely. Employees who have telework arrangements are not exempt from this policy. 1 If a BCPS employee is on STIIP, LTD, or other approved leave while the policy is in effect then the policy will not apply until they are scheduled or required to return to work. The policy applies to contractors and any other person attending a worksite, or interacting with BCPS employees, as per the requirements outlined in the HR Policy 4 - Occupational Safety and Health. The policy does not apply to members of the public entering a BCPS workplace or interacting with a BCPS employee for the purposes of receiving a government service. Disclosure and Proof of Vaccination Status Effective November 8, 2021, all employees must provide proof of full vaccination to their excluded manager, an included supervisor, or a specific manager who has been delegated this responsibility in their organization. Providing proof must be done by showing a digital or paper version of the fully vaccinated BC Vaccine Card. Employees with one vaccination dose must provide proof of the date of their first dose. Proof of vaccination must be shown either in person or via a live videoconference. Emailed, photocopied, or verbal verifications will not be accepted as proof of vaccination. Proof of vaccination can be requested by a manager at any time on or after November 8, 2021. Employees who do not provide proof of vaccination or refuse to disclose their vaccination status by November 22, 2021 will be considered unvaccinated. Employees who can show a partially vaccinated BC Vaccine Card will be considered partially vaccinated. Employees who are on STIIP, LTD, or other approved leave and are unable to provide proof of vaccination between November 8 and 22, 2021 will be required to provide proof prior to their return to work. Personal information on vaccine status will be collected, retained, used, and disclosed in a manner that respects the provisions of the Freedom of Information and Protection of Privacy Act and will be treated with the utmost confidentiality. Employees can be subject to disciplinary action up to and including termination if they have been found: • To have deliberately falsified or misrepresented their vaccination status; or • To have aided another employee to deliberately falsify or misrepresent their vaccination status. Employee Support Employees seeking information and advice about vaccines may access the following COVID Vaccine information and mental health supports available on government websites: • BCCDC Vaccine Information • BCPS Employee and Family Assistance Services • Mental health supports available to all BC citizens All employees may take reasonable time off as paid leave to get the COVID-19 vaccine. Employees should discuss scheduling leave with their supervisor so any operational impacts can be considered before approving the leave. 2 Medical Exemptions and Accommodations Effective November 8, 2021, employees may request an exemption from the vaccine requirement based on a medical condition or other protected ground as defined under BC’s Human Rights Code. Employees must submit an exemption request in writing to their excluded manager or to an included supervisor who has been delegated this responsibility. The request must contain complete and accurate information describing the need for accommodation including medical documentation, information on relevant limitations, restrictions, and their vaccination status. Managers have the right to ask for and collect additional information to assess the merits of the exemption request and to establish reasonable accommodation. Managers must consult with the BC Public Service Agency to assess whether there is a duty to inquire and, if so, to establish reasonable accommodation. Requests for exemptions and accommodations will be reviewed on a case by case basis. Managers Guide to Accommodations will be provided up to the point of undue hardship as per the Reasonable Accommodation. Bargaining unit employees should also review their applicable collective agreement for any applicable provisions related to accommodation. Employees with pending requests for exemptions may be offered alternative work arrangements while their request for exemption is being assessed. Employees who fail to comply with a reasonable alternative work arrangement can be placed on leave without pay and may be subject to disciplinary action up to and including termination. Employees with an approved medical or other human rights exemption must comply with the employer’s reasonably established accommodation. Employees who fail to participate in the accommodation process can be placed on leave without pay and may be subject to disciplinary action up to and including termination. Personal information on medical exemptions and accommodation requests will be collected, retained, used, and disclosed in a manner that respects the provisions of the Freedom of Information and Protection of Privacy Act and will be treated with the utmost confidentiality. Consequences of Non-Compliance After November 22, 2021, when the vaccination status of BCPS employees is known, the required administrative processes to notify impacted employees will occur as expeditiously as possible. Such notifications for unvaccinated and partially vaccinated employees will include the following information. For unvaccinated employees: • Unvaccinated employees except those who have requested and/or been granted a medical exemption or other accommodation will be placed on leave without pay for three months. Unvaccinated employees will not be able to use vacation or other banked leave time in lieu of leave without pay. After three months of being placed on leave without pay, employees who have not become at least partially vaccinated may be terminated. 3 • Unvaccinated employees who have been placed on leave without pay, and who become partially vaccinated within three months of being placed on leave without pay, may be offered alternative return to work arrangements. Employees must receive their second vaccine dose within 35 days of receiving their first dose. Employees who do not receive their second vaccine within 35 days will be placed back on leave without pay and may be terminated. For partially vaccinated employees: • Partially vaccinated employees may be offered alternative work arrangements if they can show they have an appointment booked for their second vaccine dose or declare their intention to receive their second dose. • Partially vaccinated employees who do not have alternative work arrangements will be placed on leave without pay. • Partially vaccinated employees who do not receive their second vaccine dose within 35 days of receiving their first dose will be placed on leave without pay. After three months of being placed on leave without pay, employees may be terminated if they have not received their second dose. Requirements for Hiring New Employees Effective November 8, 2021, the requirement to be fully vaccinated will be included in all job postings and offer letters. Confirmation of full vaccination will occur as part of the hiring confirmation process or as part of pre-employment assessment and screening depending on the type of job posting. Fully vaccinated means a person who has a fully vaccinated BC Vaccine Card or can provide equivalent proof of vaccination from another province or country provided Health Canada has approved the type of vaccination(s). This requirement will apply to previous government employees and auxiliary employees who have been laid off and have lost their recall rights. Roles and Responsibilities Deputy Minister Responsible for the PSA (Agency Head) • Promoting a BC public service that values safe and healthy work practices. • Providing policy, strategies, and guidelines that promote healthy and safe workplaces across the BC public service • Providing occupational health and strategic direction, consultation, advice, and assistance to ministries. • Monitoring the status of implementation of this policy and reporting on progress. • Recommending updates to this policy. • Assessing the necessity of this policy based on guidance from Cabinet and the BC Provincial Health Officer. Deputy Ministers • Communicating the requirements of this policy to employees in their ministry or organization. • Implementing this policy within their ministry/organization. 4
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