Employment lawyer on Omicron variant’s impact on workplaces

Interview Summary

A rise in COVID-19 cases as a result of the Omicron variant has led to more changes for employees and employers across the province of Ontario. What can businesses do to better prepare for more public health guidelines?

Alex Lucifero, an Ottawa employment lawyer and Partner at Samfiru Tumarkin LLP spoke with CTV News Ottawa’s Matt Skube to answer this question and more on workplace policies.

Interview Notes

How does Omicron affect workplace vaccination mandates and an employer’s ability to fire employees who don’t get vaccinated?

Like previous waves of the pandemic, if there is no government mandate in place in regards to workplaces, employees who have been let go or put on unpaid leave due to vaccination status will be owed severance. Vaccination does not seem to necessarily stop transmission with the Omicron variant and so employers who have implemented vaccine policies in the hopes of maintaining a healthy and safe work environment should consider the practicality of these policies.

Can employers penalize workers who fall ill from COVID-19 or need to take sick days?

Employees who are ill and unable to work cannot be penalized by their employers due to contracting the virus or if they have to take care of a family member who has fallen ill. The provincial government of Ontario has implemented 3 paid sick days for employees but beyond the 3 days, an employer is still unable to penalize employees for taking sick leave. Employees who are unable to work due to illness simply need a doctor’s note to inform their employers.