Work: What’s Next | What rights do employees have if they contract COVID-19 at work?

Interview Summary

As public health restrictions continue to lift across the province, many employees and employers are preparing for a return to the office. But some workers are raising concerns as cases continue to rise with the prevalence of COVID-19 variants. What can employees do if they are worried about a return to work? Are employers responsible if employee contracts COVID-19 at the office?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News to answer these questions and more.

Interview Notes

Can an employee sue their employer if they contract COVID-19 at the workplace?

Employees won’t be able to take legal action against their employer if they contract COVID-19 at the office as it is a workplace issue and so is covered by worker’s compensation legislation. It is very difficult to receive workers’ compensation as employees are only eligible if they are in a unique situation, such as caring for a sick individual.

What are an employee’s rights if time off is required in order to recover from COVID-19?

Employees who have to self-isolate or quarantine as a result of contracting COVID-19 should remember that they are able to take a job-protected leave of absence. Employers cannot terminate an employee for following public health guidelines and employers who fail to do so can face significant consequences.

What options do COVID-19 long-haulers have in terms of financial support?

All COVID-19 long-haulers are eligible for the federal CRB program which has recently been extended. Some provinces also have sick pay benefits, such as Ontario, to help employees. Employees who are experiencing long-term psychological effects, as well as physical, should speak to their doctors and determine whether or not their employers have long-term disability coverage.

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What can employees do if they are being discriminated against for contracting COVID-19?

It is illegal to discriminate against any employee due to a serious medical condition, like COVID-19. Employees should speak to their HR department if possible and if their concerns are not adequately addressed, can pursue their human rights and seek legal action.