Coronavirus: Best Practices for Employers to Ensure a Healthy Workplace Part II MALCOLM MACKILLOP
Sick Leave Benefits Employers may have sick leave or short-term disability policies in place that provide greater benefits to employees than the minimum standards provided under the ESA. Such policies may allow eligible employees to claim benefits when they are ill and need to stay home. Under certain circumstances, employees may also be able to use their vacation time or any “floater days” to cover their absence. Employees may also be eligible for employment insurance benefits pursuant to the Employment Insurance Act. Employees may be eligible for employment insurance sickness benefits where their regular weekly earnings have decreased by at least 40% due to illness or injury and they have accrued enough insurable hours.
Employee Absence
Further, worker’s compensation benefits may also be available to sick employees if they contract an illness due to their work environment. The Ontario Workplace Safety and Insurance Act, 1997 compensates employees who sustain personal injury or illness arising out of and in the course of employment, and where employees suffer from and are impaired by an occupational disease that occurs due to the nature of the employees’ work.
Work Refusals Employers should be aware that employees who believe that a condition in the workplace is likely to endanger their health or safety may refuse to work pursuant to the Ontario Occupational Health and Safety Act (“OHSA”). This situation may arise if an employee with flu-like symptoms refuses to stay home, and other employees refuse to work with them. Employers should know their duties under the OHSA and ensure they provide a safe working environment.
Plan Ahead As the full impact of the Coronavirus upon Canadian workplaces remains to be seen, employers are encouraged to have a plan in place to deal with its potential ramifications. Employers should ensure their policies on various sick and caregiver leaves are clearly communicated to their employees. Employers should also encourage sick employees to stay home, and to inform their employees on the risks of spreading illness.
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MALCOLM MACKILLOP