Job protection and penalties with COVID-19 isolation rules

As the cases for COVID-19 rise across Canada, health officials are noticeably worried of a second wave of the pandemic. In order to combat the steady increase of cases in Ottawa, Dr. Vera Etches has invoked a new order under the Health Protection and Promotions Act.

This order raises many concerns for employers and employees; what if my employer does not allow me to isolate? Will there be more access to testing? Employment lawyer Jon Pinkus at Samfiru  Tumarkin LLP joins Kristy Cameron on CFRA to answer these questions and more.

What They Discussed

• What are the most prevalent concerns for Canadians right now? A big concern from employers is anxious employees who are scared to return to work.
• What do you do if your employer does not let you self isolate? An employer cannot ask employees to disobey a government order.
• If you are an hourly worker that must remain at home, is your employer obligated to pay you? The federal government has announced some measures to protect employees.
• Would employees be able to use their contractual sick days to cover time off for isolation? Contractual paid sick leave can be used in this circumstance however sick days are usually limited.
• Is the process of testing and receiving results wearing on employers and employees? Unfortunately, there are significant wait times between receiving a test and results which have created a lot of mental health stress.
• If you are working from home and take a sick day, can your employer still expect you to work? An employer cannot expect an employee to continue working if they are ill and unable to do so.
• Are more employees taking sick leave due to mental and emotional stress? There has been a rise of employees losing their employment that views their terminations more harshly than before the pandemic.
• What should individuals who have recently been laid off do next? Employees should seek out the severance entitlements that could help them at this time and call an employment lawyer.