COVID

Interview with Yonah Budd on return to the office, employee concerns

A headshot of Toronto employment lawyer Lior Samfiru next to the logos for Samfiru Tumarkin LLP and radio station 640 Toronto.

Interview Summary

As more offices re-open their doors to in-person work, many employees have expressed concerns about their health and safety at the workplace. What can employees do to better prepare for a return to the office? What are employers obligated to accommodate?

A Toronto employment lawyer at Samfiru Tumarkin LLP joined Yonah Budd on Global News Radio’s Road to Recovery to answer these questions and more.

Interview Notes

Do employees have to return to work if their boss requests them to do so?

Employees should communicate their stresses and concerns about returning to work with their employer. Employers are permitted to request employees return to the office and should ensure that all public health and safety measures are taken in order to help alleviate employee anxieties. If possible, employers can try and accommodate an employee’s concerns.

Can my employer fire me if I express I have developed mental health concerns as a result of COVID-19?

Employees who have legitimate mental or physical health concerns should speak to their doctor in order to determine their next steps.  A doctor’s note detailing whether or not an employee can return to work or if possible accommodations are required will help an employer decide how to accommodate their employee.

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What are the main concerns employees are expressing to employment lawyers?

Many employees are expressing concerns regarding temporary layoffs and the extension of the Infectious Disease Emergency Leave and what their next steps should be. Employees are also concerned as schools are set to re-open soon, with childcare obligations and the possibility of school closures and quarantining. It is important to remember that employees have the right to job-protected leave if they do have childcare obligations and are forced to remain at home.

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