Stats Can reports increase in hybrid work arrangements: Employment lawyer insight on CKLW

Interview Summary

At the start of a new year, more workplaces have requested employees return to the office after working remotely. Statistics Canada has revealed that the number of employees working in a hybrid work model has tripled since the start of the pandemic. Can employees refuse to return to the workplace full-time and request a hybrid work model? What are employers obligated to accommodate?

Jon Pinkus, an employment lawyer and Partner at Samfiru Tumarkin LLP joined Kyle Horner on 800 CKLW to answer these questions and more regarding employee rights and employer obligations.

Interview Notes

• Employee rights and entitlements to work remotely: Employees do not have a standard right to work remotely. Remote work arrangements must be included in an employment contract. This does not have to be a written employment contract. Employees who have worked from home for several years can look at their remote arrangement as an implied term of employment.
• Employer options hoping to retain staff: Employers should ensure when hiring new employees that the parameters of the work arrangement and schedule are outlined. This could mean dictating whether or not the position is a remote job, hybrid work arrangement, etc. Employers should also ensure existing employees sign off on a new agreement dictating a hybrid work arrangement or provide adequate notice for a return to work.
• Accommodating family care obligations: Employees who have childcare obligations or are responsible for the care of a family member should communicate their concerns and needs to their employer.
• Remote work advantages for employees with disabilities: Employees with disabilities should speak to their treating doctor and medical team and provide a note to their employer. Employers are obligated to accommodate an employee’s medical condition and needs up until the point of undue hardship.