The employer/employee relationship can be a tedious one at best. During uncertain times such as these, where the COVID-19 pandemic has changed a lot of facets of life, it can make that relationship more tedious. In some instances, an employment lawyer is needed to come in and handle disputes.
What is important during times such as these is to understand what the rights are for each side. Working together in unison is about ensuring that both parties are protected so that they can work together moving forward.
Here are six things in particular that Canadian employers and employees should know about their rights regarding COVID-19.
- Closing Non-Essential Businesses
There have been more than a few mandates and restrictions during this pandemic. One of which was the closure of businesses deemed “non-essential” as well as the temporary or permanent laying off of employees deemed non-essential.
The Canadian government established 19 different categories that were all deemed to be essential. Each of these businesses had their own subcategories as well as a description of each. It was/is up to the business owners to recognize what qualifies as an “essential employee” and make the appropriate changes to their staffing.
- Workplace Exposure
This is probably the most touchy of areas when dealing with COVID-19 and has led to the most intervention from an employment lawyer. There has been some precedent set that underlines the importance of disclosing information to employees.
That basically means that any time an employee still working for the business contracts COVID-19, the other employees be advised so that they can make health-based decisions about whether or not to continue coming to work.
That said, the employer can limit their disclosure at any given time and to the greatest extent possible. The question of what is appropriate and reasonable for disclosure has been a finely walked line and one that has led to much debate and discussion.
That said, employers should never provide specific details or information about the employee who may have contracted COVID-19. There are some exceptions to these restrictions under Canadian law and things can get a bit muddied.
There are also issues with screening in the workplace. An employee can only be tested if they consent to be tested. Screenings must also be given with advance notice with all of the details provided as well.
- Reporting
This is where things have become particularly contentious. Under Canadian law, the vast majority of employers have no legal obligation to report any cases of COVID-19 in their workplace to the public health authorities.
That said, some of the employees/employers within the management level do have an obligation to report either suspected or confirmed cases to (but not limited to) health professionals, superintendents, laboratory operators, and school principals.
This obligation is limited to certain situations where employees have been exposed to the illness within their workplace (schools, hospitals, and so on).
- Refusal to Work
This has also been a point of contention between employer and employee during the pandemic. Most workers are entitled, provided they have a reasonable belief that their physical health and safety is put at risk, to refuse to work.
That said, there are some professions, such as first-responders, who are not given that right to refusal. Any employee refusing to work has to report their circumstances to the appropriate supervisor/employer. There must be an investigation into the report to determine the validity of the refusal.
During this time, the employer is not able to assign another employee to that position until the employee in question has been advised.
- Protected Leave
There has been legislation passed in both the federal and provincial government allowing for unpaid protected leave for employees affected by COVID-19. This applies to businesses and industries that are federally regulated, such as telephone and broadcasting, banks, air transportation, and the majority of Crown corporations.
Employees can receive unpaid leave for up to 16 weeks in the event that they are unable to work due to COVID-19 or related complications. This requires written notice as soon as possible, though it does not require a medical note or certificate issued by any healthcare provider.
- Termination
This can get complicated. An employee can’t be terminated or take the aforementioned protected leave. But an employer can terminate an employee who has been impacted by COVID-19 at an impacted workplace without any cause.
This all generally comes down to the employment agreement but most employers do not have to disclose a reason when issuing a termination.
All of this can be extremely confusing, which is why it is imperative to get in touch with an employment attorney if you are unsure of your rights. Being protected, especially during such a time of upheaval, is essential to your way of life.
