Amendments to the Residential Care Staff COVID-19 Preventive Measures Order and Employment Consequences for Unvaccinated Employees

Amendment to Provincial Health Order:

On September 2, 2021, the Provincial Health Officer (PHO) issued the Residential Care Staff COVID-19 Preventive Measures Order (“Order”) requiring all staff in long-term care and seniors’ assisted living to be vaccinated with two doses of vaccine against COVID-19 by October 12, 2021. On October 4, 2021, the PHO amended this order to allow partially vaccinated staff to work in certain circumstances pending full vaccination. There is no change for staff hired between September 13 and October 11, 2021. Employees who have not received Dose 1 by October 11 remain prohibited from working at the facility.

Unvaccinated employees placed on unpaid leave of absence effective October 12, 2021, but who receive their first dose by no later than October 25, 2021, will also be permitted to return to work with preventive measures, once 7 days have passed from their first dose.

Employees Hired Before October 12, 2021, who are not yet Fully Immunized (7 days post Dose 2)

a. Employee has received two doses but not yet 7 days post-Dose 2 on October 12, 2021:
• The employee may continue to work until 7 days post-Dose 2, subject to the preventive measures under the PHO Order (i.e. rapid testing, as well as continued masking like all other employees).
• For example: An employee who received Dose 2 on October 10, 2021, may continue to work with rapid testing until October 17, 2021 after which they may be permitted to work as normal.

b. Employee received Dose 1 before October 12, 2021:
• Amendments to the Order allow any employees with Dose 1 before October 12, 2021, to work with preventive measures. They must also receive Dose 2 between 28-35 days after their first dose.
• If an employee does not receive Dose 2 between 28-35 days after their first dose, the employee will be placed on an unpaid leave of absence and the process set out at 2(c) below will be followed.

c. No doses prior to October 12:
• Unvaccinated employees must not be in the facility for any purpose effective October 12, 2021, onward. These employees must receive Dose 1 of vaccine by no later than October 25, 2021, or face termination of employment. The following process must be followed:

1. On October 12, 2021 the employee is placed on unpaid leave for two weeks and advised that they must receive Dose 1 of vaccine by no
later than October 25, 2021, to avoid termination of employment. The employee is not eligible to access vacation or other paid leaves during this period.

Exemptions:

Menno Place does not have the authority under the Provincial Health Order to consider or grant exemptions from the mandatory vaccination requirements in the Order. All exemption requests must be submitted to the Provincial Health Officer.