What the Coronavirus Means for Canadian Employers By Marty Rabinovitch Blog, COVID-19, Employment LawFebruary 6, 2020September 30, 2020 Over the past several weeks, news of the Novel Coronavirus (2019-nCoV or Coronavirus) has dominated our newsfeeds with 208 cases in Ontario at the time of writing, 102 of which are in Toronto. COVID-19 has been declared a global health emergency by the World Health Organization. Wuhan, China is ground zero for COVID-19. China responded with an aggressive strategy and taken the extraordinary step of confining residents of Wuhan to their homes. Although the consequences for Canadians are still uncertain, many employers are wondering how COVID-19 may affect the workplace. It is never too soon to begin preparedness measures to manage in this ever-changing climate. The lawyers at Devry Smith Frank LLP can assist. Symptoms and Transmission – fever – cough – difficulty breathing – Pneumonia In severe cases, the infection can lead to death. There does not yet exist a vaccine to prevent COVID-19. Health officials have advised Canadians to take everyday preventative actions such as avoiding close contact with people who are sick, washing hands often with soap and water, social distancing, avoiding unnecessary travel, and self-isolation when feeling ill. Workplace Safety and Legal Concerns At the time of this writing, an employee who has COVID-19 or is in self-isolation as a result of possible exposure to the virus, is afforded the same discretion and is subject to the same procedures as an employee who is unable to work due to illness. In Ontario, the Employment Standards Act, 2000 provides that an eligible employee is entitled to take three days of unpaid sick leave for personal illness, injury, or medical emergency per calendar year. If however, an employee is refusing to work due to a fear of contracting COVID-19 in the workplace, the employer must respond in compliance with its legal duties under occupational health and safety legislation. In addition, under provincial workplace health and safety laws, employers have an obligation to take every reasonable measure to ensure a safe workplace. In the face of this pandemic, employers should consider the degree by which their business could be disrupted, review and update workplace policies pertaining to transmittable illnesses, and assess the relevant legislation to ensure that they are aware of any probable legal consequences of any steps they may take. How Employers Should Prepare • encouraging good hygiene, including handwashing • maintain good ventilation in the workplace • have up-to-date sick or leave policies that are clearly communicated to staff • encourage employees to stay home when they are sick • allow for employees to work at home or in staggered shifts should they develop symptoms • have a policy which requires individuals with flu symptoms to stay at home and not to report to work — this includes workers, contractors and visitors. If you require further information or have any concerns relating to COVID-19, contact human rights and employment lawyer Marty Rabinovitch at 416-446-5826 or at marty.rabinovitch@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts By Marty Rabinovitch and Kathrin Gardhouse Blog, COVID-19, Employment LawSeptember 15, 2020September 29, 2020 Temporary Layoffs During COVID-19 – “COVID-19 period” extended until January 2, 2021 On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). As a result of this new regulation, non-unionized workers who had their hours reduced or eliminated due to COVID-19 are deemed retroactively to be on Infectious Disease Emergency Leave, which is an unpaid, job-protected leave under the ESA. The regulation applies retroactively from March 1, 2020, and initially [...] Read more By Miriam Tepperman Blog, COVID-19, Insurance DefenceJune 15, 2020September 29, 2020 No comments yet An Open Email Dated June 15, 2020, From Insurance Defence Lawyer, Miriam Tepperman, To Our Attorney General Regarding the Importance of Jury Trials I am a proud insurance defence lawyer. I am proud of my role in the justice system that helps people get back on their feet after an injury while keeping the system honest. Both aspects are needed. The system is set up that for those that are injured and not so injured have to focus [...] Read more By Marc G. Spivak Blog, COVID-19, Personal InjuryJune 12, 2020September 29, 2020 An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases To the Honorable Doug Downey Attorney General of Ontario I am a personal injury lawyer and have been for 28 years. The first 9 years of my practice I acted for insurance companies on the defence of insurance matters. I can tell you firsthand the almost complete unfairness of the archaic jury system that we [...] Read more By Maya Krishnaratne Blog, COVID-19, ImmigrationJune 9, 2020September 29, 2020 No comments yet Reduced Travel Restrictions for Relatives of Canadians and PRs Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their Canadian or PR family member for at least 15 days. This will hopefully serve to reduce the uncertainty many have faced since measures under the [...] Read more By Marty Rabinovitch Blog, COVID-19, Employment LawJune 2, 2020September 29, 2020 Amendments to the Employment Standards Act, 2000 – May 29, 2020 – Impact on Temporary Layoffs This blog is co-written by our former articling student, Janet Son. On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). During the pandemic, many businesses were forced to close and were faced with an impossible situation. According to the Financial Accountability Office of Ontario, approximately 2.2 million Ontario employees have experienced temporary layoffs, job losses [...] Read more