Frequently asked questions (FAQs) and answers to help employers and employees manage concerns relating to the Coronavirus (COVID-19) in their workplace.

STATUTORY LEAVES FOR ILLNESS:

What sort of leave can an employee use if they or a family member has any flu-like symptoms?

The Alberta Employment Standards Code (“ESC”) provides employees with up to 5 days of unpaid personal and family responsibility leave in each calendar year for the health benefit of themselves or a family member. As a result, employees experiencing flu-like symptoms may use these sick days to seek medical attention, rest up, or provide care for an affected family member.
Also, some employers offer paid sick days which employees can use in this case. These days would be set out in an employment contract or in the employer’s sick leave policy. If the illness lasts longer than those days allotted, the employee may be able to apply for short term disability (STD) benefits, or EI sickness benefits if there are not STD benefits available.

That being said, employers should ask employees experiencing flu-like symptoms to stay home as a precautionary measure to avoid the spread of any virus, including Coronavirus, and employees should remain at home if they are experiencing any symptoms. Be a good co-worker!

EMPLOYEE EDUCATION:

Should employers send communications to their employees about Coronavirus and precautionary measures?

Employers should provide employees with information about Coronavirus from official sources. It is also appropriate to remind employees of applicable company policies such as sick leave policies etc.

Employers should remember that employee personal information, including health information, should be kept confidential. If an employee goes off on a sick leave, the employer cannot disclose to its’ workforce why the employee is off work. No disclosure of the medical condition is permitted and should be kept confidential.

What should an employer do in light of the COVID-19 concerns?

Education:
Employers can educate employees about the common-sense precautions that can be taken to avoid the transmission of Coronavirus.

Self-quarantine:
The employer and employee may come to an agreement regarding a work from home arrangement in order to ensure an employee has not contracted Coronavirus. A self-quarantine arrangement may be particularly helpful where an employee has returned from affected areas but has not yet experienced any Coronavirus symptoms.

Ask employees to stay home:
If employers have a reasonable basis to believe an employee may have been exposed to Coronavirus, the employer may request the employee work from home for a 14-day period (the incubation period of Coronavirus based on current information) or provide medical clearance to return to work. Where working from home is not possible, employers should pay their employees during the absence to avoid any allegations of discrimination based on illness.

Employees who refuse to stay home when ordered to do so may be prevented from entering the workplace and may be disciplined in accordance with existing employment agreements and policies.

EMPLOYEE RIGHTS:

Can a healthy employee refuse to come to work if they fear Coronavirus?

Under the Occupational Health and Safety Act (“OHSA”) in Alberta, both employers and workers must take reasonable care to protect the health and safety of the worker and other workers .

Employees can reasonably refuse work if they believe on reasonable grounds that there is a dangerous condition at the work site or that the work constitutes a danger to their health and safety. If an employee refuses to come to work due to fear of contracting the Coronavirus, employers must respond by carrying out an investigation and, if applicable, take action to eliminate the danger or identified risks in accordance with the OHSA. While employers investigate the refusal, the worker is entitled to the same wages and benefits that they would have received if they had continued to work. There can be no retaliation against employees who are exercising a work refusal under the OHSA l, such as discipline or termination, as that type of conduct is prohibited under the OHSA.

Can an employer terminate an employee due to illness, such as Coronavirus?

No, legally employers may not terminate or discriminate against an employee due to physical disability (including illness) under human rights legislation. Employers are obligated to accommodate the employee to the point of ‘undue hardship.’ The threshold for undue hardship is unique to each employer and a variety of factors are looked at by the Alberta Human Rights Commission when assessing whether an employer has discriminated against an employee by terminating while enduring an illness or disability.

EMPLOYER INFORMATION FOR EMPLOYEES:

What can an employer tell employees about COVID-19 and the risks of international travel?

The Public Health Agency of Canada (PHAC) has assessed the public health risk associated with COVID-19 as low for Canada. Public health risk is continually reassessed as new information becomes available. As of February 16, 2020, only 8 cases of COVID-19 have been confirmed in Canada, in Ontario and BC.
Overall, the risk to Canadian travellers abroad is low.
The risk to Canadian travellers to China is assessed as high. The Government of Canada recommends avoiding:

  • all non-essential travel to China
  • all travel to Hubei Province, China, including Wuhan city

Travellers coming from Hubei province to Canada continue to be at an increased risk for COVID-19. If you have travelled to Hubei province in the last 14 days, limit your contact with others for a total of 14 days from the date that you left Hubei. This means self-isolate and stay at home.

As such, employers should discourage employees from travelling to affected areas for business or for personal reasons. Further, employers should encourage employees to disclose any voluntary travel to affected areas and advise employees that their return to work after such travel may be reviewed by the employer on a case-by-case basis.

How do employees and employers stay up to date on the Coronavirus in Alberta?

Alberta Health Services (AHS) is updating the following page daily with relevant information on the Coronavirus: Alberta Health Services

If you have any questions about managing the Coronavirus or other illness and disability issues in your workplace, contact me to discuss.