Hamilton city workers who aren't 'fully vaccinated' by May 31 will be fired

Hamilton city workers who have not provided proof of full vaccination or a valid medical exemption have until May 31 to do so, or lose their job.

Council voted to amend its mandatory COVID-19 vaccination verification policy during a special meeting Wednesday.

The new policy defines fully vaccinated as a person with two shots and does not currently include boosters.

Twelve councillors were in favour of changing the city's approach to result in termination for those who don't comply, while Ward 7 and Ward 14 representatives Esther Pauls and Terry Whitehead voted against it.

City council first approved a vaccine verification mandate on Aug. 26. However, it allowed staff members who hadn't received a COVID-19 shot or who didn't want to share their vaccine status to undergo regular testing and keep working.

That will longer be an option under the new policy, which is also similar to one Burlington announced last week, giving employees until April 1 to submit proof. 

"The ultimate intention was always to end the program. That it would not carry on in perpetuity," said Lora Fontana, Hamilton's executive director of human resources.

"We've now reached the point where we need to make other decisions and recommend termination in order to preserve the health and safety of our workforce."

HSR union says policy 'unfair'

Eric Tuck, president of ATU Local 107, which represents HSR workers, said he felt testing was a reasonable alternative and the union had a "clear agreement" with the city that no one would be fired.

"To take somebody's employment away I think is unreasonable and unfair," he said on Thursday, adding whether or not the union will launch a legal challenge will be up to its members but he believes "we should be challenging it."

Ninety-three per cent of the city's workforce are considered to be fully vaccinated. Roughly 474 people were undergoing by-weekly testing and another 68 are on unpaid leave because they weren't willing to take part in the program.

The city has been receiving tests free of charge from the province so far, but supply is becoming scare and officials have not been able to confirm a steady stock going forward as they're prioritized for hospitals and long-term care homes.

Fontana said questions have also been raised about whether the testing, which has been happening on Mondays and Thursdays, is effective.

"We feel this may not be enough to ensure a safe work environment," she said.

Supply of tests becoming strained

Hamilton's current supply of rapid tests should last until Jan. 17 and the city has found a private contractor to cover its testing needs until at least the end of February, at a cost of about $80,000, said Fontana.

Under the new policy, if the city runs out of tests between now and May 31, staff who have not been vaccinated or not shared their status will be placed on paid leave or asked to work from home.

Fontana said fewer than five employees have submitted medical exemptions to date.

"We've not taken this policy change lightly," said city manager Janette Smith, who said the change was discussed with senior leadership who supported it, saying they could manage with their vaccinated staff members and did not raise concerns.

Smith added that other municipalities that have added a termination clause to their policy have seen more employees get shots, even right up until midnight before the deadline.

Mayor Fred Eisenberger said the new approach is necessary as a "strong indicator to our staff, on behalf of all those that have done the right thing, that have vaccinated."

Councillor raises concerns about 'freedom'

But not every council member was on board.

While councillors Pauls and Whitehead both said they've received COVID-19 shots themselves, they voted against firing city staff who haven't.

Whitehead said he felt it could be a "slippery slope" and Pauls said she felt the policy change was "kind of harsh."

"I think people should get vaccinated," she said, but "it's their personal view, their freedom."

In a statement released after the council vote, Eisenberger said the city is committed to ensuring its work environment is as safe as possible, pointing to the policy.

"I encourage all our employees who are not yet vaccinated to do so as soon as possible," he wrote. "It will help protect you, your coworkers and your loved ones."