For the past two months, the attention of the world has been fixed on Wuhan, China, as the epicentre of a new respiratory virus. The 2019 Novel Coronavirus (COVID-19) has been declared a “Public Health Emergency of International Concern” by the World Health Organization and as of February 8, 2020, there have been eight (8) confirmed cases in Canada.
Preventative Measures
The Government of Canada is recommending that anyone who has recently travelled to Wuhan (and its surrounding region) limit contact with other people, stay at home and contact local health authorities. Employers with workers who have (or may have) traveled to and from Wuhan should be prepared to grant time off work for affected employees to allow for compliance with public health directions. Such employees should also be advised of any available workplace benefits (such as short-term disability) or government programs (such as Employment Insurance sickness benefits) that may provide income support during illness-related absences from employment.
Beyond those who have recently travelled to Wuhan, the Government of Canada also suggests the following general preventive measures for the public at large:
stay home if you are sick;
when coughing or sneezing:
cover your mouth and nose with your arm to reduce the spread of germs; and
dispose of any tissues you have used as soon as possible and wash your hands afterwards;
wash your hands often with soap and water for at least 20 seconds;
avoid touching your eyes, nose, or mouth with unwashed hands; and
avoid visiting people in hospitals or long-term care centres if you are sick
General and Statutory Considerations
For the duration of the Coronavirus outbreak, employers should exercise flexibility when managing illness-related workplace absences. For instance, consider carefully before requiring medical notes from workers experiencing flu-like symptoms (as obtaining such a document may serve to further burden an already busy healthcare system). Likewise, measures such as temporary work from home arrangements may also help to ensure that employees staying away from the office for health reasons are still able to contribute productively.
Employers should also take time to review relevant statutory obligations[1] that may arise due to the Coronavirus. These include:
Leaves of Absence – several provisions of the Employment Standards Act, 2000 may impact workers affected (directly or indirectly) by the Coronavirus. These include family medical leave (s. 49.1), family caregiver leave (s. 49.3), critical illness leave (s. 49.4), sick leave (s. 50), and family responsibility leave (s. 50.0.1).
Work Refusals – The Occupational Health and Safety Act allows for employees to refuse work that they believe may endanger their health. A dedicated statutory procedure governs work refusals and how employers are required to respond.
Human Rights – While caution should be exercised by employers to prevent the unnecessary spread of the Coronavirus, any action taken must be based on evidence and not unfounded assumptions or stereotypes. The Ontario Human Rights Commission has already taken steps to remind the public that the “Coronavirus is not isolated to people of any particular ethnic origin, place of origin or race.”
Additionally, employers should be mindful that the coronavirus may be considered a disability for the purposes of the Ontario Human Rights Code (as evidenced by the stance taken by the Ontario Human Rights Commission regarding the SARS virus in 2003).WSIB Claims – Employers subject to WSIB coverage should be aware that employees affected by the coronavirus may be entitled to insurance benefits. During the previous SARS epidemic, WSIB extended coverage to SARS-infected workers. While we are not aware of any ruling as to coronavirus-related coverage made by the WSIB, a similar outcome to the SARS virus is possible.
Vey Willetts LLP is an Ottawa-based employment and labour law boutique that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in the National Capital Region and across Ontario. To speak with an employment lawyer, contact us at: 613-238-4430 or info@vwlawyers.ca.
[1] This article focuses on legislation applicable to provincially regulated employers in Ontario. Federally regulated employers should review the Canada Labour Code and its regulations.