Employment lawyer on workplace guidelines post-pandemic

Interview Summary

As public health measures continue to lift across the province, employers and employees are preparing for a return to normalcy. How will the workplace look post-pandemic? Are employers ready to shift to a new work model?

Alec Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CBC Radio to answer questions regarding employment law post-COVID-19.

Interview Notes

What power do employers have in requesting employees return to the office?

Employers are within their rights to dictate the terms of the workplace, such as whether or not employees return to the office. Employees who have a medical condition and their doctor’s approval to remain at home cannot be forced to return to the workplace. Employees are within their rights to ask for a work from home arrangement to continue or create a hybrid work model with their employer’s consent.

What obligations do employers have in ensuring their employees feel safe?

Employers have to follow public health guidelines post-pandemic. Eventually, there might have to be a standard or guideline that is applied across all businesses in which workplaces are considered to be safe for staff.

What factors should employees consider if they wish to negotiate to work from home?

Employees should keep in mind productivity and efficiency when considering a work from home model. It is also important for employees to consider the financial efficiencies in downsizing the physical workplace.

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Employment lawyer on the hybrid work model

Can an employer ask for proof of vaccination?

While there are currently no laws regarding mandatory vaccinations, employers could be permitted to ask for proof of vaccination. In industries in which employees work closely and there are health and safety concerns, an employer could ask for vaccination status in order to determine possible accommodations. In long-term care homes and hospitals, employers might also be able to mandate vaccines.