COVID-19: What do you do if your co-worker comes to work sick?

As many businesses across the province prepare for another possible wave of the pandemic, employees and employers are raising concerns about returning to the workplace.  Will there be additional health and safety measures introduced into the workplace as the flu season approaches? What job protection do employees have?

An Ottawa employment lawyer at Samfiru Tumarkin LLP joined Leslie Roberts on CFRA to answer these questions and more.

What They Discussed

• What happens if your employer comes to work sick, as an employee, do you have a right to voice your concerns? An employee has a right to try and address it directly and depending on the business there should be someone in the workplace dealing with health and safety situations.
• What should an employee do if their employer denies their condition, can any employee refuse to work due to health and safety concerns? An employee should put in writing their concerns.
• If an employee comes into work sick and is told to go home by their employer, is their job protected? With respect to any health and safety conditions, the employer has an obligation to ask for the employee to stay home but cannot be penalized.
• Does an employer have to pay their employee while they are recovering from COVID-19? Beyond the standard sick days as per the Employment Standards Act, an employer is not obligated to pay their employee further.
• If an employee’s child is sent home, is their job protected while they care for their child? The employee must prove they have no other options for childcare other than to remain at home.