Refusal to vaccinate: Can I get unemployment benefit?

The Canadian government has cancelled previous COVID-19 related benefits and replaced them with new ones. Now, residents who are not working because of lockdowns can claim a benefit of $300 CAD per week. The usual unemployment benefits also continue to apply.

Although the Canadian government does not require workers in most areas to be vaccinated, companies can enforce their vaccination policies. Many of them force employees to get vaccinated under threat of dismissal.

Employment and Social Development Canada has issued a notice to employers on completing employment history information needed to file for benefits. Under the new guidelines, if an employee fails to show up for work, has been suspended or dismissed for refusing to comply with vaccination orders, the employer must indicate that the employee has resigned, taken leave or been laid off. Such a record potentially disqualifies the employee from receiving unemployment benefits, as only people who have lost their job through no fault of their own can receive them.

Employment attorney Adam Savallo says employees who are not allowed to work because they refuse to get vaccinated may lose eligibility for benefits, but that doesn't mean they necessarily will.

"I think under certain circumstances, there will be a case-by-case basis and look at all of the factors of a person's job," Savallo said. — Certainly in some situations, employees will not be eligible for benefits."

Counsel believes that cases of dismissal due to refusal to vaccinate are likely to be considered on a case-by-case basis. For example, the Canadian Employment Service has listed several factors in the notice that may be considered: whether the company's vaccination policy was clearly stated, whether it was reasonable in the working conditions and whether there were possible exceptions.

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