On March 11, 2020, COVID-19 was declared a pandemic (World Health Organization, 2020). Did you believe this virus would take over the world to the extent that it has? In late February, some Canadian companies started taking precautionary measures to avoid and protect their employees against COVID-19 prior to Government enforcement. Companies like Manulife Financial Corp. created rules requiring employees to self-quarantine for 14-days upon coming home from travelling. Many employees were given this instruction and were unaware of the rights they had regarding pay and benefits. It can be concluded that employers should have the right to force employees not to return to work for 14-days when given supporting evidence that the employee could’ve been in contact with the disease.
Employers have the duty to “promote a safe and healthy workplace” (Government of Canada, 2019). Since COVID-19 is a highly contagious and potentially life-threatening disease, a workplace is allowed to ask an employee to stay home when given supporting evidence. This is usually done to protect their other employees and do their part as a company to “flatten the curve”. Based on the facts of the article, I agree that employers need to follow the correct protocol when asking employees to stay home to avoid improper discrimination. This can include discrimination regarding disability, ethnicity, and place of origin. Decisions need to be made based on facts rather than assumptions. Employers should ask all employees if they have travelled outside Canada within the past 14 days, or have been in close contact with individuals who have gone to Europe or China (the epicentres of the pandemic). This prevents any discrimination that could occur and allows for the employer to give out equivalent instructions. Laid out by professionals, employers are protected in regard to abiding by the Human Rights Code with respect to Discrimination.
Concerning pay, employers need to review the individual employment contract of each employee, or collective bargaining agreement when in a union setting. These agreements and contracts will have information regarding the protocol that has already been established. If not, I believe that employers should pay employees for this 14-day quarantine since the leave is mandatory for the employee but a decision the company has made. Once the Government sets laws requiring businesses to close, I think employees should not have to be paid by the company anymore since the closure is out of the company’s control. However, employers should alert employees of the options they have regarding employment insurance.
Overall, companies need to take all precautionary measures when dealing with the health and safety of their employees. Employers should pay all employees that are required to stay home since it is a choice the company is making, but once it is out of the company’s control, I believe pay should not be required. When staying open, companies should take all precautionary measures such as informing employees how to correctly sanitize, wash their hands, and cough/sneeze to prevent the spread of the disease.
References
Article: Collie, M. (March 4, 2020). Coronavirus: What if your employer asks you to self-quarantine? Global News. https://globalnews.ca/news/6628914/coronavirus-work-from-home/
Government of Canada. (August 26, 2019). Workplace Safety. https://www.canada.ca/en/employment-social-development/services/health-safety/workplace-safety.html
World Health Organization. (March 27, 2020). Rolling updates on coronavirus disease (COVID-19). https://www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen
Claire Grant 