A number of non-essential service workplaces, from libraries to casinos, have been mandated to shut down in Ontario in an attempt to curb the spread of COVID-19.
If you are not one of those industries or businesses, you are not required to close, however, when possible, it is still best to allow your employees to work from home.
If this is not an option for your business, you should be sure to introduce policies that help protect your customers and employees including:
- proper handwashing guidelines;
- social distancing should be enacted;
- and employees who have received recommendations to self-isolate (such as those who have just returned from travel) should not be coming to work.
During this time, you may also see an increase in absences. As such, every company should have an attendance policy in place that has been well communicated to employees - especially in terms of COVID-19. If you do not have a policy, now is the time to create one.
The policy should include clear rules for attending shifts, as well as how absences should be reported and to whom. It should also specify that these rules apply to those working on-site and remotely.
If you do have an employee call in, you will want to understand their entitlements and how the laws apply to you and your employees in relation to COVID-19.
Employment contracts
If an employee calls out sick, you will want to apply their paid or unpaid sick/personal days as outlined in their employment agreement.
Occupational Health and Safety Act (OHSA)
Employees have the right to refuse unsafe work as per the Occupational Health and Safety Act (OHSA). To ensure better protection of your rights as an employer, be sure you are up to date on and following all government health recommendations, especially as they apply to COVID-19.
Employment Standards Act (ESA)
While employees are typically only allowed three unpaid days for personal emergencies plus three for a prescribed family member who has died, fallen ill, injured or is having a medical emergency, if there is an infectious disease emergency, employees are entitled to unpaid leave for the duration of the emergency. Some eligible situations include:
- Receiving care for an infectious disease.
- Being supervised for an infectious disease.
- Being required to self-isolate or quarantine by a medical professional/government.
- Providing care to someone for an infectious disease.
- Travel restrictions/self-quarantine requirements.
In these situations, an employee cannot be required to work and there is no prescribed length of time (it could be a few days to months depending on their situation). While you cannot require them to provide a certificate from a qualified health professional, you can ask for reasonable documentation.
Human Rights
In addition to the ESA, the Human Rights code provides employees with rights to accommodation, so long as it does not create undue hardship for the employer. As such, you need to determine whether an accommodation is required/can be made when an employee requests a leave of absence in regard to a protected ground, such as family obligations or a disability. If a request like this is made, follow these steps:
- Request reasonable documentation, if none has been provided, and review the information.
- Determine whether an accommodation is required and what that accommodation would be (i.e. modified hours or remote work).
- Determine whether that accommodation would create undue hardship for you as the employer. If it would cause undue hardship, ensure that the employee receives their minimum entitlements as per the ESA and employment contracts.
If you’re looking for more information to financially protect both your business and employees during COVID-19, please contact Koroll & Co today. Our team of professional chartered accountants would be happy to help.
