With the national Covid-19 vaccination drive well underway, the Minister of Employment and Labour has published a directive on covid vaccination of employees, and on related health and safety matters.
The directive requires employers to conduct risk assessments, imposes various reporting obligations on employers. It also deals with employees’ refusal to report to work due to exposure to the virus, and with workers’ obligations.
With regard to vaccinations, clause 6(9) of the directive requires that employees be granted paid sick leave if they suffer side-effects from the vaccine.
Controversially, Schedule C to the directive permits employers to make vaccination by employees compulsory (subject to certain limitations). The schedule provides that employees may be obliged to be vaccinated when a vaccine becomes available, but allows for employees to refuse to be vaccinated on constitutional or medical grounds.
In the event of such a refusal, it provides for the employer to counsel the employee, to refer the employee for medical evaluation where appropriate, and if necessary, to take steps to reasonably accommodate the employee in a role which does not require the employee to be vaccinated. Such accommodation may include permitting the employee to work off-site or at home or in an isolated setting.
In short, the directive on covid vaccination of employees seeks to strike a balance which takes into account employers’ obligations to put measures in place to ensure the safety of employees, which provides for employees’ obligations to do their part to ensure safety, and which does so in a manner which respects employees’ rights.
The directive creates fertile ground for future disputes, as there will undoubtedly be scenarios which are not clear-cut, such as where an employer is not convinced that an employee has a valid basis for refusing to vaccinate (and that alternative accommodation, such as a remote working arrangement, is not necessary), and whether the employee is convinced that she has a valid basis for refusing to vaccinate (and that alternative accommodation is required).
A copy of the complete directive on covid vaccination of employees can be viewed here:
covid vaccination of employees
