Federal return-to-office mandate: At least 3 days a week in September

The Government of Canada will require federal employees to work from the office at least three days a week, starting in September.

“For those departments that have not yet implemented a minimum three day per week attendance requirement, full implementation is to be in place no later than September 9, 2024,” the government said in detailed directive on its website.

LISTEN: Employment lawyer Lior Samfiru discussed the federal government’s decision with Rick Zamperin on 900 CHML.

Exceptions

Ottawa outlined several exceptions to this directive, including:

• Staff who were hired to work remotely prior to March 16, 2020.
• Employees who, with the permission of their assistant deputy minister (ADM), are working remotely at least 125 kilometres away from their designated worksite.
• Indigenous public servants whose “location is critical to their identity to work from their communities.”
• Business models that were previously established and not influenced by the remote-by-default COVID-19 management.
• Exceptional exemptions on a case-by-case basis, on a time-limited or longer-term duration (i.e. short-term operational requirement, extenuating circumstances).

Unions outraged

In a statement on May 1, Nathan Prier, president of the Canadian Association of Professional Employees, called the federal government’s return-to-office announcement “a disaster.”

“We are shocked at this decision which has been made in secret, without consultation, and with no valid reason given,” Prier said.

“We will be joining our members and their colleagues in their workplaces to fight against this decision which completely ignores common sense. Clearly the government lacks vision and coherence. Our trust has never been lower. We will not be taking this lying down.”

The Public Service Alliance of Canada plans to file an unfair labour practice complaint and look into other legal options.

SEE ALSO
• Deputy Prime Minister Chrystia Freeland resigns amid cabinet shakeup
• RBC employees required to work in office at least 3 times a week
• Amazon CEO to staff: Follow return-to-office plan or look for a new job
• Return to office mandates are a ‘power grab’, study says

Can the federal government force staff to return to the office?

If you were allowed to work remotely as a temporary measure during the COVID-19 pandemic, but your employment contract requires you to work in the office, the government can instruct you to resume in-office work.

This applies to non-unionized employees working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

Employers in Canada generally have a right to determine where staff work — as long as it meets the standards required for a safe workplace.

ADDITIONAL RESOURCES
• Federal government’s new chief technology officer to work remotely
• Return to office in Ontario: Employee rights
• Return to in-office work in B.C.: Your rights

I was hired as a remote worker, do I have to start working from the office?

If the employment contract you signed doesn’t require you to work in the office, it’s very likely that your employer can’t make you shift to in-office work.

However, some companies ask remote workers to accept a new agreement that does require them to work in the office instead.

• SEE ALSO: Rights to remote work for employees in Alberta

If your boss provides you with a new employment contract, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. You can’t be forced to accept it on the spot or a few days after receiving it.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

In many cases, these agreements take away key protections that would otherwise be available to non-unionized employees in Canada.

Our firm can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: Things to never do before seeking legal counsel

Can my employer punish me for refusing to return to the office?

If your employer allowed you to work remotely as a temporary measure, but your employment contract requires you to work in the office, the company can punish you for refusing to resume in-office work.

However, if your agreement doesn’t require you to work in the office, your boss can’t make significant adjustments to your job to punish you for turning down the switch to in-office work.

Major modifications, such as a demotion, shorter shifts, or a reduction in pay, are illegal in Canada.

If you were hired as a remote worker, and negative changes are made to the terms of your employment after refusing to switch to in-office work, it’s very likely that you could treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What you should know
• Job changes in Alberta: What employees need to know
• Changes to your employment in B.C.: Your rights

How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should seek legal counsel immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for federally regulated employees
• Rights to severance for provincially regulated staff
• Severance pay in a recession

Can my employer fire me for refusing to return to the office?

Employers in Canada can fire non-unionized workers if they refuse to return to the office.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

If you refuse to return to the office, but your employment contract requires you to do so, your boss might be able to fire you for cause.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

In this situation, the company doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

LEARN MORE
• Do I have to look for new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

What if I can’t return to the office because of a disability?

In Canada, employers are legally obligated to assist workers who can’t perform their job due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, companies may have to:

• Modify the shift (i.e. allow certain federal employees to continue working remotely past Sept. 9)
• Change an employee’s job requirements
• Provide someone to help an individual complete their tasks

The goal is to ensure that staff can continue to perform their job duties, despite their disability.

If you believe that your employer hasn’t properly fulfilled their duty to accommodate, contact our firm.

We can help you secure the compensation that you are legally entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Lost your job? Speak with an employment lawyer

If you were fired or let go for refusing to return to the office, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you deserve.