Canadian HR Reporter

4 www.hrreporter.com N E W S possible privacy-related concerns," she says. "But I do think that employers need to do the analysis tailored to their own environment and the jurisdiction in which they operate." Even though people historically have been fine with providing a doctor's note or proof of vaccination to travel to certain countries, concerns about privacy have grown of late, says Tiwari. "Due to the increased sensitivity, it's important for employers to limit the questions or information they ask when it comes to the vaccine to 'Have you had it?' It's a yes or no question. The only addi- tional question that might be relevant is the brand of the vaccine because some of them may or may not last the same amount of time," he says. But at this point, there's no way an employer could override a vaccination because of the type of shot given to a worker, says Pickard, "given what the politicians and medical officers have said across the country from the podium." And when the data on vaccinated employees is no longer needed, all of it should be destroyed, says Tiwari. "There's no reason to keep it long term, beyond the pandemic." The passport question Since the pandemic started, the notion of "vaccine passports" — which certify that a person has received an appro- priate inoculation — has been floated to combat the potential spread of COVID- 19. But could employers require such a passport from employees? While it's not at all an unusual require- ment for travel to different countries or even to attend schools in Canada, Pickard says he isn't so sure it makes sense on the employment side and whether it would be enforceable. "Section 6 of the Charter of Rights guarantees each Canadian citizen mobility rights — [the] right to work in and travel to each province. The question is whether the requirement by a province to impose a vaccine passport for entry to the province by a Canadian would with- stand a Charter challenge." It remains to be seen whether the government will play a role in the creation of vaccine passports for border control or travel, for example, says McNeill-Keller. "From that perspective, the vaccina- tion passport construct may very much be government-driven, as opposed to employer-driven." There's a chance that a lot of employers might require proof of vaccination before hiring new employees down the line, says Tiwari. "[But] in terms of carrying around a book of documents that shows you got your tetanus shot, your hepatitis shot and COVID vaccination? I don't see that happening here." CHRR EMPLOYERS TAKE MIXED APPROACHES TO VACCINES "We're not forcing it, if people don't want us to know that [they've] got vaccinated... It's up to them." Éric Larouche, EACOM Timber 22% Percentage of Canadian employers making sure people are vaccinated before returning to work 33% Percentage of Canadian employers not requiring a mandatory jab as of March 6% Percentage of Canadian HR leaders who are still unsure as to how to handle the situation 42% Percentage of U.S. employers that don't plan to offer employees an incentive to get the vaccine 46% Percentage of U.S. employers unsure if they will offer an incentive for the vaccine Sources: Challenger, Grey & Christmas; Mercer

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