Work: What’s Next | Qualifying for sick days with no COVID-19 testing

Interview Summary

As many individuals struggle to access COVID-19 tests across the province, employers and employees have once again had to adapt to a changing workplace amidst the ongoing pandemic. What protections, if any, are employees afforded if they are sick and have to isolate? What are employers obliged to accommodate?

Lior Samfiru, a Toronto employment lawyer and national co-managing partner at Samfiru Tumarkin LLP  joins Global News on Work What’s Next to discuss sick days and employee rights.

Interview Notes

How will a shortage of rapid COVID-19 tests impact whether or not an employee gets sick benefits?

Fortunately for employees across the province, in order to access paid sick days, employees do not need a doctor’s note or a rapid test to qualify for benefits. Employees who state they are unable to work are able to access government sick benefits under the Infectious Disease Emergency Leave. It is important to note that employees who are trying to access sick benefits through their own companies might have to follow their employer’s own regulations that could require testing.

Can an employee be penalized for going to work with symptoms if they are unsure that it is COVID-19?

Employees are expected to be extra cautious and take all necessary precautions. Employees who show up to work with symptoms can be disciplined by their employers and possibly terminated. Employees should be open and honest with their employers and continue to follow public health guidelines.

If employees don’t have enough sick days but are feeling burnout, can they qualify for disability leave?

Many individuals are suffering from stress and anxiety and need time off of work. Employees are able to qualify for disability leave as long as they have coverage at their workplace and also have their doctor’s support. It is important for employees to remember they need a note and documentation from their doctors in order to qualify for disability benefits.

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As more people who are considered vaccinated contract COVID-19, what impact does this have on employers’ vaccine mandates?

Employers should consider the practicality of their vaccine policies and mandates and instead offer alternatives for employees who are unvaccinated. Terminating unvaccinated employees could lead to possible legal liabilities and wrongful dismissal suits in the future for employers. Unless there is a government mandate in place regarding vaccination, employers should refrain from terminating employees for cause.