Toronto, Peel closing businesses with over 5 COVID-19 cases: Employee Rights

Section 22 being utilized following Ontario’s latest COVID-19 rules

Toronto and Peel Region will force businesses to close if they are linked to five or more cases of COVID-19 in the last two weeks.

Closures will occur if those people infected with coronavirus:

• could have reasonably acquired their infection at work; or
• if no obvious source for COVID-19 transmission is pinned down outside of the workplace.

The order is being issued by both Toronto and Peel Region through Section 22 of Ontario’s Health Protection and Promotion Act. This act gives medical officers the ability to take certain actions to combat public health crises.

Peel Public Health was the first to issue their directive to businesses Tuesday morning, with Toronto following suit early afternoon.

What non-unionized employees need to know if their workplace is shut down for 10 days

Paid leave

An employer can choose to pay their employees during this closure (e.g. paid leave) if they can’t work or perform their duties. However, currently, they are not legally required to do so.

Premier Doug Ford is set to introduce a paid sick day program in Ontario in the near future.

Using vacation time

Employees can use any personal or vacation time which may be available under their employer’s policy to cover this period. Your employer may choose to require you to use any available vacation time during this temporary closure.

Unpaid COVID-19 leave

An employee impacted by a temporary closure due to a public health order is eligible to take an infectious disease emergency leave (IDEL) and may be deemed to be taking such leave if no other type of leave is taken (e.g vacation). IDEL is a job-protected, unpaid leave of absence. Generally, an employer cannot threaten, fire or penalize an employee on IDEL or for taking the leave.

Constructive dismissal

Due to the temporary nature of this closure, imposed by a public health order, an employee will likely not be able to claim constructive dismissal.

Layoffs and Termination

An employee who is permanently fired, laid off or terminated as a result of this business closure is owed full severance – as much as 24 months’ pay.

Refusing unsafe work

Employees generally have a right to refuse work if it is unsafe. If you think proper safety precautions are not being taken by your employer following a potential COVID-19 outbreak, you can ask your employer to review their protocol. If that fails to improve the situation, you can ask the Ministry of Labour to conduct an investigation.

You cannot refuse work if you are simply worried about being in the workplace. If you decide not to work when your employer is properly following all public health regulations, you may be seen as having resigned or abandoned your job.