The COVID-19 Vaccine – Next Steps for Canadian Employers with U.S. Operations
The United States is currently experiencing the largest surge in COVID-19 cases since the global health emergency began. In the past several weeks, the United States Food and Drug Administration (“FDA”) granted emergency-use authorization to the Pfizer and Moderna COVID-19 vaccines, prompting employers to ask whether they may require employees to be vaccinated. It is imperative that Canadian employers understand their rights and responsibilities with regard to the vaccination of U.S.-based employees. A. Can Employers Require Employees to Receive the Vaccination? Generally speaking, employers may disallow employees from entering the workplace if they have not been vaccinated, though employers must accommodate employees with disabilities or religious objections. On December 16, 2020, the Equal...
