Employment Act Standards change surrounding Covid 19
Under “Reasons an employee may take infectious disease emergency leave” it states:
Employees can take infectious disease emergency leave if they will not be performing the duties of their position because of any of the following reasons:
4. The employee is under a direction given by their employer in response to the employer’s concern that the employee might expose other individuals in the workplace to a designated infectious disease. The ESA does not require employers to pay employees during that time.
Examples include where the employer:
a. is concerned that employees who have not received the COVID-19 vaccine may expose others in the workplace to COVID-19 and tells them not to come to work until they have been vaccinated.
The right to refuse treatment (including vaccinations) is clearly established in case law and protected under section 7 of the Charter of Rights and Freedoms. Informed consent is required for any medical intervention in Canada.
You can visit the Constitutional Rights Center to keep up to date on all of Rocco Galati’s cases. https://www.constitutionalrightscentre.ca
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