COVID-19 and Employee Rights
During this uneasy time, you may be wondering how COVID-19 and employee rights are affected? Employees providing a critical service are expected to report to work even if they have reservations. So how can you return to work and still feel safe? Fortunately, these employees are protected under the Canada Labour Code from participating in dangerous work. Employees have the right to refuse dangerous work and/or file a health and safety complaint.
Employers must provide a safe working environment under occupational health and safety legislation.
Dangerous Work
COVID-19 is now considered a workplace hazard. The Public Health Agency of Canada has advised that employees with symptoms of COVID-19 or exposure to someone with COVID-19 should self-isolate. Employers should send these workers home on medical leave.
Unfortunately, employees who are sent home to self-isolate will be required to use unpaid sick leave, vacation pay, or banked overtime.
And what’s more, if the employer has complied with the health and safety measures recommended by the Public Health Agency, then a worker must report for work. If a worker refuses to report for work or has resigned, the employee would not be entitled to CERB or severance pay.
What is Family Status?
Non-critical service workers with small children have the right to work remotely from home on the basis of family status. However, an employee must exhaust all other remedies if the employer is compelling them to attend the workplace and it is considered safe.
Employees with small children and no other relatives to care for them are entitled to receive CERB.
If the place of business is not open due to COVID-19, employees are entitled to CERB.
Get Help
Workers who are terminated or laid off due to coronavirus should contact a lawyer to ascertain their rights to severance pay. Even a temporary layoff could trigger severance pay due to change in terms of employment under the employment contract. A qualified employment rights lawyer can help you determine if you have a case and guide you through the process.