With the COVID-19 outbreak, we’re seeing unprecedented changes across most businesses in Canada. We’ve compiled some highlights of what businesses need to know.
- Employees cannot be treated differently simply because they are in any way associated with, or perceived to be associated with, an area where COVID-19 is present.
- Employers should take steps to prevent the spread of COVID-19 at their workplace while abiding by all applicable laws.
- Employers and their employees have a duty to make the workplace a safe environment for themselves and everyone else in the workplace.
When communicating with employees about COVID-19, employers should speak clearly and factually with the goal of inspiring confidence rather than raising a panic.
Employment Standard Legislation
Unpaid leave—Most employees may take unpaid statutory leaves of absence based on how long they have been with an employer and the province in which they live. These employees typically cannot be disciplined or dismissed, depending on the circumstances. However, they may be prevented from returning to work in the event of an outbreak until they no longer have any symptoms or pose a threat to other employees.
Sick leave pay—Employees with COVID-19 may be asked to work from home for 14 days in order to keep the workplace safe. Depending on jurisdiction, handbook provisions and/or individual contracts, some eligible employees may be entitled to sick leave benefits if they are unable to work from home. Employers should ensure that the hardware is available and infrastructure is in place to allow employees to work remotely. For example, providing office-owned laptops that are capable of remotely accessing work files stored on the organization’s server can allow many office workers to work remotely for extended periods of time.
Lost salary—Employers risk human rights complaints should they fail to compensate employees who are not sick but are prevented from attending the workplace. Additionally, refusing to pay employees who are not permitted to work may encourage employees to lie about symptoms, thus furthering the spread of the virus.
Occupational Health and Safety
Right to a safe workplace—Employers and their employees have a duty to make the workplace a safe environment for themselves and everyone else, including preventing the spread of infectious illness and disease. As such, employers should pay close attention to the health of their employees, and if any exhibit symptoms of COVID-19, they should be encouraged to see a physician and prevented from working on-site for 14 days or until they have a letter of clearance from their physician.
Right to refuse work—If an employee believes they are in danger at the workplace, they are entitled to refuse to work under applicable occupational health or safety legislation. In this event, employers must investigate the situation immediately and attempt to work out a solution that satisfies the employee. In the event that a solution cannot be found, the employer must notify a Ministry of Labour inspector or officer.
Discrimination and harassment—Discrimination on the basis of ethnicity, disability (including any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness) race, ancestry or place or origin is prohibited under human rights legislation. In the case of COVID-19, this means that employees cannot be treated differently simply because they are in any way associated with, or perceived to be associated with, an area or race associated with COVID-19. For example, the perception that an employee may be infected or contagious because they are of Asian descent can trigger anti-discrimination protections.
If you have commercial insurance related COVID-19 questions, please reach out to us:
info@easyinsure.ca