Employment Law

Work from home a thing of the past, suggests recent poll

After more than two years of lockdowns and employment disruptions caused by the COVID-19 outbreak, three-quarters (or 74 per cent) of Canadians have now returned to their pre-pandemic working conditions. However, a recent poll shows that the work from home lifestyle is sticking for one in ten employees.

Poll Results

The poll was conducted by Ipsos on behalf of Global News to understand the current working conditions of Canadian employees since the pandemic began over two years ago. For this survey, a group of 1,001 Canadians above the age of 18 were interviewed between June 9-13, 2022. The results are listed below:

  • 58 per cent of surveyors said they cannot do their job remotely.
  • 23 per cent said they were not given the option to continue working from home.
  • 15 per cent of workers felt they were actually more productive in the workplace and said they preferred to work in person.
  • 12 per cent wanted to see their colleagues.
  • Seven per cent wanted to separate work life and home life.
  • Four per cent wanted to escape their families.
  • 12 per cent of those polled continue to fully work from home – despite working in an office before the pandemic.
  • Eight percent are working from a mixture of office and home – a hybrid model – which they claimed was not their norm prior to the pandemic.
  • Over 50 per cent stated time, money, and work-life balance were the primary deciding factors to continue working from home, even partially.
  • Just shy of 50 per cent of Canadians working from home said commuting time is a major factor as well.
  • One third of respondents said working from home is happier, less stressful, and more productive.

Other reasons Canadians elected to work from home included feeling unsafe returning to the office post-COVID, finding it easier to take care of their pets or kids, or because their employer has shut down the physical office.

Can your employer make you return to the office?

Generally, an employer has the right to determine where employees must perform their work. Your employer can make you return to the office if the understanding before the pandemic was that you were to perform your duties in a specific workplace or setting, unless there is a medical issue or childcare obligations requiring you to continue working from home.

Learn more about employee rights when employers end remote work and recall staff in provinces like Ontario, Alberta and British Columbia.

When can an employee refuse to return to the office?

There are some scenarios in which an employee may be able to continue working remotely:

  • Health Reason: If you are unable to return to the office and need medical accommodation, your employer has a duty to accommodate you. You may be required to provide supporting documentation from your doctor in order to confirm the need for accommodation.
  • Childcare Needs: The employer has an additional duty to accommodate childcare needs. Generally speaking, employees have an obligation to look for daycare. If your children need to stay home for any reason, you should advise your employer that you require accommodation. Your employer needs to accommodate you while you are searching for alternate daycare arrangements. This may mean that they may approve an unpaid leave, or allow you to work from home if they are able to accommodate such an arrangement.

A general fear of COVID-19 will not be enough to trigger an accommodation. If you refuse to return to the office without providing sufficient reasoning, your employer may be able to treat a refusal to return to the workplace as a resignation.

Can your employer change your job when they bring you back?

Employers cannot implement significant changes to the terms of an employee’s position such as a dramatic decrease in compensation. Changes to the terms of employment without the employee’s consent can lead to a constructive dismissal.

Can employees ask for a hybrid work arrangement?

Yes, employees are within their right to request to continue working from home through a hybrid work arrangement. Many employees may be reluctant to go back to the office after productively working from home and enjoying the flexibility of such an arrangement for the past two years. However, the employer does have a right to refuse this request, unless there is a medical issue supported by a doctor, or childcare obligations.

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