It’s nearly spring! And with Alberta being “open for business”, and before hiring ramps up again, it might be a great time to consider what workplace policies, practices, and employment agreements need to be updated, supplemented, or replaced as a result of the COVID-19 pandemic and a return to work. Alberta also has had some significant changes to the Employment Standards Code, Workers’ Compensation Act and Occupational Health and Safety Act in the past couple of years that employers and employees should be aware of.

1. Employment contracts:

Existing and new hire employee contracts should be reviewed to ensure they appropriately address various issues which the COVID-19 pandemic has brought to the forefront, such as temporary layoffs and the potential for constructive dismissal claims. Employers will want to ensure their employment contracts have legally enforceable temporary layoff provisions and termination clauses, as well as provisions regarding the employer’s ability to change duties, compensation, and work location. Many employers are now facing civil claims of constructive dismissal from the temporary layoffs that were done since March of 2020, and some of these claims for long-serving senior employees can be very expensive. All contracts should not be reviewed to ensure they accurately reflect the current state of the terms and conditions of employment and updated terms and policies.

2. Phased Return to Work:

While employers may be eager to have their team members back in cubicles or other more formal workspaces, they would be wise to:

Conduct updated hazard assessments to determine the relative risks and necessary controls to ensure a safe and healthy work environment. Proactive steps could include:

  • Assessing the timing, and any site-specific location considerations, for employees returning to the workplace.  There may be value in a phased approach, especially given psychological considerations.
  • Determining if other PPE measures are still needed to ensure not only physical but also psychological safety of employees.
  • Communicating regularly with employees about the phased approach and encouraging employees who may feel unsafe or concerned to speak directly with their managers or supervisors.

Personalize the communication on return to work expectations, including timing and frequency of in-office attendance.  Through an individualized phone call or personalized meeting, employers can mitigate the pitfalls of not allowing sufficient time to arrange child or elder care and allow employees to privately share relevant information on any concerns or other potential barriers to a return to an employer’s worksite.

Consider whether the return to a formal worksite will be on a full-time basis or as a part of a hybrid approach. Also, consider if it will be staged and be a ramp-up as opposed to an abrupt change. Psychological safety considerations being addressed are important from a legalistic and humanistic perspective. Some employees may experience anxiety, and some of those may go from feeling anxious to even experiencing clinical anxiety that requires treatment from a medical professional.  Reminding employees of any EAP and/or other health benefits can assist also.

Some employees may consider a recall to the office or another worksite a change in their terms and conditions of employment and allege constructive dismissal and we recommend consulting with legal counsel to discuss the risks associated with doing so.

3. Leave of Absence Policies:

Most employers’ leave of absence and sick policies do not sufficiently address considerations related to COVID-19. Time off policies should be clear for employees as to whether leaves of absence will be paid or unpaid. Alberta has introduced amendments to job-protected leaves, as a result of COVID-19, and employers’ policies will have to be adjusted to comply with these amendments. The policies also need to be provided to all employees and the employees should acknowledge receipt.

4. Remote Work from Home Policies:

Remote work or a hybrid of remote and in-office work may still be staying in the future. Work from home policies should address mandatory and/or optional work from home arrangements and considerations related to security, privacy, compensation adjustments, and acceptable use of company equipment.  Employers should be clear as to whether the work from home arrangement will be temporary or permanent, or whether the employer intends to make the policy permanent or a hybrid of the two. The clearer you can be now, the less trouble the parties will find themselves in later should the work environment shift once again.

These crazy times are continually evolving for employees and employers and the legislation and rules related to employment in Alberta can be confusing. Please contact me to discuss your employment needs and we can definitely sort it out. At Sunstone Legal, for the month of May and June 2022 we are packaging up these services for a simple flat fee, so please reach out, and let’s get that spring cleaning done!