Vaccine Mandate Lifted; Agreement Reached to Allow Return to Work

On July 26, BC Minister of Health Adrian Dix and Provincial Health Officer Dr. Bonnie Henry announced that the COVID-19 public health emergency is now rescinded. As a consequence of this, the mandatory vaccine mandate is lifted.

This is significant news for workers who were terminated under the vaccine mandate. The Health Sciences Association and members of the NBA have reached an agreement with the Health Employers Association of BC (HEABC) for members returning to work (agreement link). Under this agreement, members can apply to be rehired to their former employer, or they can apply for any vacant regular or casual positions with any HEABC health care employer. Any member terminated due to non-compliance with the vaccine mandate returning to work by January 27, 2025, once returned to work, will be treated as if they have been on unpaid leave of absence. 

This includes:

a) recognition of seniority consistent with the Collective Agreement as if they have been on an unpaid leave of absence to the date of rehire, including for consideration of eligibility for “add pay” for long service;

b) recognition of service held prior to termination, including but not limited to service for purposes of calculation of vacation entitlement (Article 45.01), and severance allowance (Article 55), as if they had been on an unpaid leave of absence to the date of rehire, in accordance with the terms of Article 37.01 of the Collective Agreement; 

c) recognition of anniversary date held prior to termination, including but not limited to anniversary date for purposes of wage increment progression (Articles 12 and 61), as if they had been on an unpaid leave of absence to the date of rehire, in accordance with the terms of Article 37.01 of the Collective Agreement; and, 

d) reinstatement of any banks that were not fully paid out upon the termination of their employment, including but not limited to sick leave credits (Article 42), special leave entitlements (Article 43.01), and, for employees who, at the time of their termination, had a hire date prior to January 1, 2013, eligibility for cash-in of sick leave credits (Article 42.11), as if they had been on an unpaid leave of absence to the date of rehire, in accordance with the terms of Article 37.01 of the Collective Agreement.

Also, effective July 26, 2024, all health care workers in public health care facilities will be required to report their immunization for COVID-19 and influenza and their immune status for other critical vaccine preventable diseases. For more information read the government announcement here: COVID-19 public-health emergency ends, new vaccine registry will keep people safe | BC Gov News
  
In light of the recent lifting of the vaccine mandate and agreement with HEABC, and the recent court decision, the union is currently reviewing all of the vaccine related grievances and will be in touch with individual grievors.

In the meantime, we urge all terminated unvaccinated members, including those with outstanding grievances, to apply for re-employment under the terms of the new agreement. 

If you have any questions related to this information, please contact your Labour Relations Officer.