Framework for implementation of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police

Step 1: Requesting accommodation when unable to be fully vaccinated

• Employees should make the request for accommodation and provide supporting documentation to their managers at the earliest opportunity or by the attestation deadline. Prompt requests will enable the managers to make decisions more effectively, so that if it is determined that the duty to accommodate does not apply, employees will be able to comply with the Policy on Vaccination.
• Managers provide temporary accommodation for employees while gathering relevant information.

Step 2: Gathering relevant information

• Employees are responsible for:
  • Informing their manager of their need for accommodation based on a certified medical contraindication, religion, or another prohibited ground of discrimination as defined under the Canadian Human Rights Act.
  • Providing their manager with the information necessary to identify appropriate accommodation, including information on relevant limitations and restrictions.
  • Cooperating and collaborating in good faith with their organization’s representative(s) to find one or more means to accommodate such needs.
  • Notifying their manager if their accommodation needs change.
  • Respecting the accommodation requirements and privacy of others.
• Supporting documentation:
  • Certified medical contraindications:
    • For the purpose of the Policy on Vaccination, managers must request documentation, from the employee’s treating medical physician or nurse practitioner, using the form available in GC-VATS, setting out the grounds for not receiving or for delaying the COVID‑19 vaccine.
    • The note must specify whether the reason is permanent or time limited. If time limited, the note should indicate how long the limitation is expected to last.
    • There are few acceptable medical reasons for delaying or not receiving the COVID‑19 vaccination (e.g., an allergist/immunologist-confirmed severe allergy or anaphylactic reaction to a previous dose of a COVID‑19 vaccine or to any of its components that cannot be mitigated, or a diagnosed episode of myocarditis/pericarditis after receipt of an mRNA vaccine).
  • Religion:
    • Managers should request a sworn attestation (signed before a commissioner for taking affidavits) containing detailed information about the sincerely held religious belief that prohibits full vaccination.
  • Other prohibited grounds:
    • Managers should request an attestation of the details regarding one or more of the prohibited grounds of discrimination under the Canadian Human Rights Act that renders the employee unable to be fully vaccinated.
• Managers may request additional information and supporting documentation, as may be appropriate, to assess the accommodation request.
• Other alternative documentation could be accepted, in consultation with departmental human resources specialists.

Step 3: Making an informed decision

• Managers should decide on a response to the accommodation request at the earliest opportunity or no later than the full implementation date.
• Managers must consult internal subject matter experts or guidance regarding the accommodation measure(s), including any related implications (e.g., security, technology, financial), if required. They will in turn consult as appropriate with OCHRO experts.
• Managers should work with employee representatives when requested by the employees and/or if others are affected by the accommodation decision.
• Managers are required to consider requests for accommodations no matter the date of receipt of such a request.

Implementing accommodation when warranted

When the manager decides that the duty to accommodate applies, accommodation must be provided up to the point of undue hardship. Given the public health considerations, the choice of accommodation should also ensure the safety and security of the workplace, along with privacy obligations.

The following are recommended accommodation measures:

1. Where operationally feasible, employees will perform regular duties or responsibilities through telework supported by a telework agreement as per the Directive on Telework.
2. Employees will be assigned alternate duties or responsibilities that can be completed through telework supported by a telework agreement as per the Directive on Telework.
3. Employees will complete regular mandatory testing as per the Framework on Mandatory COVID‑19 Testing for Implementation of the Policy on COVID‑19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police based on guidance from the Health Canada Testing Secretariat, and:
   • Follow all preventive practices implemented in the workplace and other preventative practices as recommended by Public Service Occupational Health Program and other organizational requirements.
   • Not perform duty travel, unless essential.
4. Other measures detailed in communication with the employees and documented in the accommodation decision.

Step 4: Implementation

Managers must promptly advise employees of the decision, the rationale for the decision, the accommodation to be provided, if applicable, and the steps that must be taken to implement it:

• Managers should consult with employees regarding the best approach to explaining the accommodation measures, to anyone affected by the measures, if necessary (while respecting privacy considerations).
• If a decision has been taken that the duty to accommodate does not apply, then the Policy on Vaccination requirements apply. The date of the decision will be the attestation deadline as defined in Appendix A of the Policy on Vaccination for the purposes of determining the timing of consequences.
• Employees wanting to contest the decision would do so using the normal procedures for complaint.

Step 5: Recordkeeping

• Managers will document the process, supporting materials provided, the decision (including the accommodation measure, if applicable), and any follow-up actions in accordance with departmental standards and the Privacy Act.
• Communication with others should be limited to a need-to-know basis for implementing the accommodation.

Effective date of the Policy on Vaccination (October 6, 2021):

Step 1: Advise employees of consequences of not meeting the vaccination requirement

• Employees will be advised that:
  • They have until November 15, 2021 (or 2 weeks following the attestation deadline as defined in Appendix A of the Policy on Vaccination), to comply with the mandatory vaccination requirement or administrative measures will be taken.
  • If by November 15 (or 2 weeks following the attestation deadline as defined in Appendix A of the Policy on Vaccination) employees have not had their first vaccine dose, nor submitted their request for accommodation, those employees are considered unwilling, and consequences begin.
  • If employees have had their first dose by November 15 (or 2 weeks following the attestation deadline as defined in Appendix A of the Policy on Vaccination) but have NOT received their second dose within the 10 following weeks, employees are considered unwilling, and consequences begin 10 weeks from the date of the first dose.

Attestation Deadline (October 29, 2021, or 2 Weeks After the Attestation Deadline as defined in Appendix A of the Policy on Vaccination):

Step 2: Attestation period

• Employees who are unwilling to disclose their vaccination status or who choose not to be fully vaccinated will be required to attend a virtual training session on COVID‑19 vaccination within 2 weeks after the attestation deadline.
• Ongoing communications with employees, including reminder messages sent to employees asking them to comply with the Policy on Vaccination and warning them of the consequences if non-compliant.

Full Implementation Date of the Policy on Vaccination (November 15, 2021) or 2 weeks following the “Attestation Deadline” as defined in Appendix A of the Policy on Vaccination:

Step 3: Mandatory Testing for those unable to be vaccinated and who must report to work on-site

• Managers decide on requests for accommodation as soon as possible or by the full implementation date.

Step 4: Consequences begin

Employees are placed on leave without pay and the employer stops assigning employees hours of work.

• The employer:
  • Advises employees not to report to work or to not work remotely.
  • Provides employees who have 1 dose as of the attestation deadline a period of up to 10 weeks after the first dose to receive their second dose.
    • Allows employees to either return to the workplace with mandatory testing, work remotely, or telework once a first dose is received (if they do not receive their second dose within 10 weeks, they will be placed on leave without pay (leave code “LWOP-Other”).
• Action in pay system (as required): If employees are on leave without pay for a period of 5 days or longer, they will be temporarily struck off strength in the pay system and they will be issued a record of employment.