Who is considered an essential worker in Ontario?

After multiple stay-at-home orders in Ontario during the COVID-19 Pandemic, many residents have voiced concerns and questions on what workers are considered “essential.”

LISTEN: Lior Samfiru, a Toronto employment lawyer and co-founding partner at Samfiru Tumarkin LLP joined Jeff McArthur on Global News Radio’s 640 Toronto to answer these questions and more.

Is there a legal definition of who is considered an essential worker in Ontario?

There is currently no definition of an essential worker in Ontario. The provincial government stated that they won’t specify the definition, but will only provide guidelines about the type of businesses that can remain open as normal.

However, the province announced a revised vaccination timeline during the pandemic, which included vaccinating essential workers who can’t work from home.

This includes:

• Elementary and secondary school staff
• Critical response workers
• Child care and licensed foster care workers
• Food manufacturing workers
• Agriculture and farm workers

This will be followed by vaccinations for other essential workers, including critical retail workers, restaurant workers, manufacturing labourers, social workers, courts and justice system workers, and any workers who are employed by essential workplaces who can’t work from home.

Employees who are able to do their jobs remotely, however, have to be allowed to work from home by their employers.

Do employees who feel they can work from home have any right to protest going in to work?

Employees can now potentially file a complaint to the Ministry of Labour if they have been forced by their employer to return to work if their duties can still be done remotely as it is violating public health guidelines.

Are the new measures implemented by the provincial government causing confusion?

Many Canadians in Ontario expressed confusion over the recent state of emergency orders as there is still room for employers to request employees to return to work.

There are a lot of misconceptions on who is considered essential as many retailers also remain open.

Is it surprising that employers are allowed to deem whether or not their businesses are essential?

There are a lot of grey areas currently for employers in determining whether or not workplaces are essential.

As there have been cases of COVID-19 spread tied to workplaces, the government might have to implement stricter outlines for businesses that can remain open.

Is there a mandated minimum for paid sick days in Ontario?

Employees in Ontario currently are allowed three unpaid sick days.

Employers in the province aren’t required to pay employees who are ill and can’t work.

SEE ALSO
• Sick notes in Ontario: Rights for employees