employee tests covid-19 positive
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As case numbers rise, employers and employees alike may wonder what they should do if an employee or a co-worker tests Covid-19 positive. 

If An Employee is COVID-19 Positive

Obviously, an employee who has tested positive for COVID-19 should not return to work until they are no longer COVID-19 positive. In Ontario, workplaces are currently required to administer the daily screening tool, which ideally catches any infected employee early. 

Employers should assess the infected employee’s past actions and potential contacts. It may not be necessary to close the entire workplace, but it may make sense to close off their work area or the bathroom they used for a time and then to thoroughly disinfect the area.
Continue Reading Covid-19 Infections At Work

covid-19 workplace law issues
Credits: www.cherrydeck.com

With the new Ontario Covid-19 response framework in place and Covid-19 still on the rise, employers need guidance on how to navigate workplace law issues.

During our last webinar, we covered this very topic and were flooded with employer questions. This is Part 2 of our Q&A on the second wave of Covid-19 workplace law issues.  Click here for Part 1.  

Question 7: If an employee chooses to work from home because of childcare, kids’ online learning/homeschooling, but their role is impossible to do at home, are we required to provide alternative work OR do they just go on leave? 
Continue Reading Covid-19 2nd Wave Workplace Law Issues: Part 2

Covid-19 workplace legal issues as winter approachesAs we now all head indoors for a few months, how will your business and workforce handle COVID-related restrictions? After 8 months of new pandemic rules and systems, pivoting and outdoor meetings, the long Canadian winter will no doubt bring fresh employment law issues. There’s only so much a cozy fireplace and wool socks can

coronavirus workplace legal considerations
Credits: www.cherrydeck.com

With the second wave of Covid-19 upon us, new government benefits now in place and government business restrictions shifting, it is important for employers to be up to speed on key workplace legal considerations and compliance issues.  During our last webinar, we covered this very topic and were flooded with questions from employers.  Below is part 1 of a summary of the most common Q&As.

Question 1: Are employees entitled to an accommodation to work from home if it is a choice or preference to not put their kids in school, rather than a need based on health issues?
Continue Reading Covid-19 2nd Wave Workplace Law Issues: Part 1

A Guide for Employers during COVID-19A Guide for Employers during COVID-19

This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated October 21, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage

New recovery benefits replace Canada Emergency Response Benefit
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So long, CERB! The Canada Emergency Response Benefit (CERB) has officially ended.

Those who were receiving the CERB can now apply for the new recovery benefits. These benefits are retroactive to September 27, 2020, and available until September 25, 2021.

The Canada Recovery Caregiving and Sickness Benefits

As of this Monday, October 5, 2020, the following benefits are now open for applications through the
Canada Revenue Agency (CRA). Here is some information on these new benefits:
Continue Reading Life After CERB: New Government Benefits

New COVID-19 health and safety compliance obligations
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The recent spike in COVID-19 cases has resulted in the Ontario government amending regulation  O. Reg 364/20: Rules for Areas in Stage 3, under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“the Regulation”). The new amendment took effect on Saturday, September 26, 2020, and imposes on employers new health and safety compliance obligations related to COVID-19, specifically employee screening, or as the Regulation puts it:

“The person responsible for a business or organization that is open shall operate the business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals.”
Continue Reading New Mandatory Employer Obligation – Ongoing COVID-19 Workplace Screening

Considerations for employers recalling employees to work
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Employers are encountering issues as they ask their employees to come back to work. We will take a look at some of these in today’s blog. 

A Recap 

Many employees were placed on layoffs in March 2020, when the shutdowns occurred. In Ontario, these layoffs were then converted into deemed Infectious Disease Emergency Leaves. While statutory layoff timelines normally restrict the amount of time an employee can be on a layoff before being considered terminated, in Ontario the Infectious Disease Emergencies Leave amendments to the Employment Standards Act changed this. Ontario employees can now be involuntarily off work (laid off) until January 2, 2020, without having a  termination triggered. 

A layoff does not end the employment relationship. It’s just a temporary pause, which anticipates that the employer will bring the employee back to work or recall them. 
Continue Reading Recalling Employees to Work: Considerations for Employers

accommodating employees keeping kids home
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When is fear of Covid-19 justification for keeping kids home from school and to what extent does an employer have to accommodate the employee’s preference? While we’ve discussed this and similar issues on the blog in the past few weeks, a recent family court decision sheds some light on how courts might treat this issue.

Disagreement About Going to School

In Chase v. Chase, a divorced mother and father disagreed about whether their son should attend school in-person or do online learning. No one in either household had an underlying medical condition which would make them more vulnerable to complications from Covid-19. 
Continue Reading A Judge Decides About Going to School: Guidance for Employers