COVID-19: Returning to work and job abandonment

While policies in the workplace and in schools have had to adapt and change due to the pandemic, many Canadians are still wary of returning to public spaces.

Toronto employment lawyer Jon Pinkus at Samfiru Tumarkin LLP joins Ottawa at Work with Leslie Roberts to discuss what employees and employers can expect as a return to the “new normal” begins at school and at work.

What They Discussed

• Is there a rise in concern from parents with regards to return to work policies changing? Many parents are hesitant to be in environments with more people.
• What are the concerns being expressed in returning to a physical workspace? A lot of employees have become accustomed to working remotely and are worried over a possible second wave of the pandemic.
• Can an employee request to work remotely despite being called back to work? Employees should be aware that in some cases if they choose to refuse to return to work, it could be considered job abandonment.
• Should an employee return to work if they have flu-like symptoms? If an employee is following government health advice, they should be considered protected under the Infectious Disease Leave.
• If an employee cannot go without pay and take a sick leave, will they be forced to return to work? An employer should be advising their employee to apply for employment insurance.
• What problems are foreseeable with a return to work and school? There is a potential for a rise in job abandonment allegations.
• Will it still be considered job abandonment if an employer has not put in safety measures for employees to return to work? Employers must take appropriate measures that have been set by the government.
• Are employers becoming more demanding as the pandemic continues? Employers are becoming more demanding of their employees as well as extending temporary layoffs.
• What has changed in terms of temporary layoffs now becoming wrongful dismissals? Temporary layoffs have always relied on the consent from an employee, if it is not agreed to it is considered a constructive dismissal.
• If someone isn’t sure they want to hire a lawyer due to financial reasons, what should they do? There are always options so that an investment is not an immediate concern for an individual wanting to take action.