With the increased news coverage and awareness of the coronavirus, now more commonly referred to as COVID-19, you may be receiving questions from some of your employees, and you may have questions yourself about best practices in these times.
The upcoming school break season may also be of concern if employees are planning to travel to other locales.
I have prepared a FAQ sheet with some of the most common questions that employers have asked me over the past few weeks:
- Do I need to have a ‘Pandemic Policy’?
- Is an employee required to report relevant symptoms of COVID-19?
- What should we do if an employee reports relevant symptoms?
- Can an employee refuse to work if they believe that there may be exposure to COVID-19 in the workplace?
- Can we require disclosure if an employee plans to travel to a presently affected area?
- What can/should we do if an employee does visit a presently affected area?
- If an employee is required not to attend work, do we have to pay them?
I hope you will find the FAQ sheet informative and helpful.
If you have any other questions about COVID-19 in your workplace, or any employment law questions in general, please do not hesitate to get in touch with me.
Frequently Asked Questions
Q: Do I need to have a ‘Pandemic Policy’?
There is no obligation to have an official ‘Pandemic Policy’ but there are practices outlined below that you can put into place to help maintain a safe workplace. I also suggest that employees be informed about your company policies regarding:
- guidelines for every-day precautions
- reporting of relevant symptoms
- travel to affected areas
- quarantines and isolation periods
- procedures and policies in case of what may be perceived to be unsafe working conditions
General guidelines for every day precautions
The COVID-19 situation provides an excellent opportunity to advise and remind employees about a variety of items.
- Both employers and employees are responsible for ensuring the safety of their workplace. As an employer, you should make extra efforts to be aware of employee behaviour and general health.
- Frequent handwashing is identified as one of the most effective ways to prevent the spread of infection. Consider posting additional handwashing signs and ensure that there is sufficient soap and hand sanitizer. Other good practices are to encourage all employees to sneeze and cough into a sleeve and to avoid touching eyes, nose or mouth.
- Note: There have been news reports of shortages of hand sanitizer in retail stores, but this should not be a cause for concern. Health Canada advises that ‘washing hands often with plain soap and water for at least 20 seconds’ is an effective precaution.
- If possible, institute routine cleaning of frequently-touched surfaces in the workplace, including countertops and door knobs
- You may wish to let employees know about a downloadable poster for home use that provides a colourful graphic reminder of these practices. It is available at https://files.ontario.ca/moh-coronavirus-pec-poster-en-2020-03-09.pdf
- The Public Health office of the City of Toronto has an excellent downloadable .pdf of Guidance for Workplaces/Businesses and Employers: https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf
- Both the Government of Ontario and the Government of Canada host dedicated web pages with the most up-to-date information on the COVID-19 outbreak. The information is available in multiple languages.
- Health Canada: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html
- Health and Wellness Ontario: https://www.ontario.ca/page/2019-novel-coronavirus
You may find it useful to appoint one or more coordinators who will be responsible for tracking and communicating the latest developments of COVID-19.
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Reporting of relevant symptoms
Q: Is an employee required to report relevant symptoms of COVID-19?
As noted above, both employers and employees are responsible for ensuring the safety of their workplace and as an employer you may find it necessary to implement reasonable policies and precautions that help ensure that safety. Requiring any employee to report relevant symptoms of COVID-19 is a reasonable precaution.
It is also important to inform employees of what the relevant symptoms may be. Health Canada advises that symptoms are similar to a cold or flu and have included:
• fever
• cough
• difficulty breathing
• pneumonia in both lungs
While fever and cough are associated with many infections, it is important at this time to be aware of employees who exhibit these symptoms, as it may effect relations with other workers and with you as the employer.
Q: What should we do if an employee reports relevant symptoms?
If an employee has relevant symptoms of COVID-19, has been in direct contact with someone who has symptoms of COVID-19 or has reason to believe they may have been in contact with someone who has symptoms of COVID-19 they should be denied access to work and directed to contact their doctor and local public health unit.
Information about local health units can be found here: http://www.health.gov.on.ca/en/common/system/services/phu/locations.aspx
In order to protect your workplace from the spread of Coronavirus, employees should not feel that they will be penalized for failing to come to work. An unpaid leave may cause employees to attend work, which could result in a potential contamination of your workforce.
Depending on the specifics of the situation with your employee(s) and workplace, in these circumstances you may wish to consider
- Offering employees time off under sick leave or short-term disability.
- Allowing employees to use vacation days, or lieu days.
- enabling the employee to work from home
If you have any questions on specific actions beyond these, please feel free to contact me, as each situation is unique and there may be a variety of factors that influence a suggested course of action.
Q: Can an employee refuse to work if they believe that there may be exposure to COVID-19 in the workplace?
Employees who believe that a condition in the workplace is likely to endanger their health or safety can refuse to work under the Occupational Health and Safety Act.
You may be advised by one of your employees that they are concerned about the possibility of contracting the coronavirus in the workplace and may, in some cases, refuse to work.
An employer cannot threaten to discipline an employee who refuses to work on this basis, and must comply with employer obligations under applicable occupational health and safety legislation.
- the employer must investigate the situation immediately and attempt to work out a satisfactory resolution with the employee.
- If that is not possible, the employer must notify a Ministry of Labour inspector or officer, as required by provincial legislation.
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Travel to a ‘presently affected area’
Q: Can we require disclosure if an employee plans to travel to a presently affected area?
An employer cannot prohibit employees from visiting any area during their personal time.
You may wish to inform your employees that an updated advisory of affected areas is available on the Government of Canada’s Travel Advice and Advisories web page: https://travel.gc.ca/travelling/advisories
As of March 10, The Public Health Agency of Canada (PHAC) is recommending that Canadians avoid all cruise ship travel.
Employees should also be made aware that farms or live animal markets are also considered high risk areas.
Q: What can/should we do if an employee does visit a presently affected area?
If an employee reports travel to an affected area you can inquire as to whether they have followed the guidelines set out by Health Canada and Health and Wellness Ontario:
Travellers who return from Hubei province (China) or Iran, where returning travellers are advised to self-isolate should:
- contact their local public health unit within 24 hours of arriving in Canada
- stay at home and avoid close contact with others, including those in their home, for a total of 14 days from the date they left Hubei province (China) or Iran
- contact Telehealth Ontario at 1-866-797-0000 or their local public health unit if they experience symptoms of the 2019 novel coronavirus
Travellers who return from areas under a travel health advisory for COVID-19 should:
- monitor themselves for symptoms of the 2019 novel coronavirus for 14 days after leaving the affected area
NOTE: The status of these locations may change or more locations may be added. The latest information can be found on the Government of Canada’s Travel Advice and Advisories web page: https://travel.gc.ca/travelling/advisories
It is also reasonable to ask employees to monitor their health with particular attention after any out of province travel, or after visiting a farm or live animal market.
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Quarantines and Isolation Periods
Q: If an employee is required not to attend work, do we have to pay them?
I suggest you contact me if any employee or person related to an employee is placed in isolation or quarantine. Each situation is different.
The regulations are clear in the case of an employee contracting Coronavirus or isolation/quarantine of an employee or family member:
- Ontario employees who have accumulated at least two (2) weeks of service with an employer and are unable to attend work for Coronavirus-related reasons (including quarantine) are entitled to take unpaid sick leave under the “Ontario ESA”) for up to three (3) days.
- Additionally, employees may qualify for up to three (3) days of family responsibility leave to care for an ill family member.
Coronavirus should fall within the parameters of an employer’s sick leave or short-term disability policies. However, employees who are quarantined without Coronavirus-related symptoms may not necessarily be eligible for benefits, depending upon the wording of the specific plan.
Employers should ensure that policies on various sick and caregiver leaves are readily available to employees, and that employees understand they will not be penalized for absenteeism related to controlling the spread of Coronavirus.
If in doubt about the applicability of a leave, employers should exercise good judgment in encouraging symptomatic employees to stay home, rather than risk contamination of the workplace.
It is my sincere hope that your workplace follows the preventive measures outlined by the public health authorities and that you do not need to address the issue of an employee contracting the COVID-19 virus or coming into close contact with someone who has.
Prevention is literally the best cure, but should any situation arise in which you would like more information and guidance regarding the employment law aspects, please do not hesitate to contact me.