Employment lawyer on employee testing and vaccine policies in the workplace

Interview Summary

With COVID-19 cases once again on the rise and restrictions in place for many businesses, employers and employees are struggling to determine how to navigate this new wave. How can employees provide evidence to their employers to take sick days? Are vaccine policies in the workplace permitted to include boosters?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke with Arlene Bynon on Global News Radio 640 Toronto to answer these questions and more.

Interview Notes

What is the legality surrounding rapid COVID-19 tests and sick days for employees?

For many employees, there is a lack of accessibility in accessing RATs which has led to further difficulties as many workplace policies include testing for COVID-19 in order to attend work. Employers are going to have to take a second look at their current policies and determine what is feasible for employees in order to return to work.

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As more aspects of regular COVID-19 policies falter, what’s at stake in the workplace?

Employers and employees have to be flexible and adapt to the changes that the new wave of the pandemic brings. Workplaces that require testing might have to consider new options for employees, such as working from home if possible or accessing testing themselves. Employers still have an obligation to provide a healthy and safe work environment for all employees.

Will employees be able to refuse to return to work amidst a rise in COVID-19 cases?

Employees who feel their workplaces are unsafe must bring their concerns to their employer and address their concerns. Employees who feel their complaints have not been addressed can file a complaint with the Ministry of Labour in order to begin a proper investigation. Employees cannot be subjected to reprisals for filing a complaint by their employers.

Will a lack of testing affect vaccination workplace policies?

Testing is not necessarily legal for all workplaces and a necessary requirement for every business. In order for testing to be reasonable, there have to be additional challenges such as an outbreak at a workplace. Unless a government mandate is in place, vaccine policies are considered over-reaching. Employees who have been terminated as a result of their vaccination status in most cases are entitled to severance pay.

Will the surge in COVID-19 cases result in more remote work options for employees?

Employers who are able to permit employees to work from home should do so in order to maintain the health and safety of all staff.