The pandemic has affected all of our lives in so many ways. With employees going back to work and case numbers starting to spike, it can be hard to know what the right calls are for your staff and your business. To help, we have created a list of COVID-19 Frequently Asked Questions for business owners in British Columbia.
As more questions come about, we will continue to update this page.
- When it comes to employee health and safety, what are my obligations as a business owner?
As stated by the Workers Compensation Act, it is the duty of all BC employers to ensure that they are providing a safe work environment for their employees. Please note, that these health and safety obligations still apply to employees working from a home office. Claims can still be made if an employee sustains a workplace injury while working from home. Employers can visit WorkSafe BC’s website for more information on health and safety responsibilities when working from home.
Providing and maintaining a safe work environment also means encouraging employees to practice good hygiene habits. Good hygiene habits include:
-Staying home if sick or showing symptoms to prevent spreading illness
-Washing your hands often and for 20 seconds with soap and water
-Using hand sanitizers when soap and water is not available
-Avoiding touching eyes, nose, and mouth
-Coughing or sneezing into elbows not hands
-Avoiding contact with people who are sick
Employees are obligated to report when they feel there is an unsafe workplace. With the introduction of COVID-19, this would require that employees who have travelled abroad or have had a possible exposure quarantine for 14 days.
The CDC has provided free, informative COVID-19 posters if employers wish to print and post these around the workplace.
- Do I legally have to pay an employee, that is quarantined at home, while they are away from work?
No, there are no legal requirements for paid sick days. Paid sick and vacation days are dependent on the policies that are put in place by the business.
You may, however, want to consider implementing a temporary sick leave policy and encouraging employees to take advantage of it at the first sign of any COVID-19 symptoms.
Depending on how long the employee is quarantined for they may be eligible for Federal EI sickness benefits.
- May we ask for proof of illness if an employee self-quarantines and wishes to rely on our sick leave policy?
Under normal circumstances yes, however, we would suggest that you chose not to ask for proof for the next few months. We are in a time were employees and employers need to be supporting one another, this includes an employee’s decision to self-quarantine.
The BC government in March, amended the BC Employment Standards Act, to now dictate that workers are allowed to take unpaid, job-protected leaves if they cannot work due to COVID-19 related reasons.
- Am I still required to pay an employee’s wage while they are off work if they are required to stay home by the government for public health reasons?
No. For people who have been directed to self-isolate or quarantine, the federal government has decided to wave the one week waiting period for people claiming EI sickness benefits.
- If an employee is worried about contracting COVID-19 in the workplace can they refuse to come to work?
Yes. As stated by WorkSafe BC, employees have the right to refuse unsafe work. The being said the employee needs to have reasonable cause to believe that performing a work-related task would put them in a position to contract the virus. If the employee reasonably believes that they could contract COVID-19 in the workplace then they could assert this right.
In the scenario that an employee chooses to exercise this right, we recommend that you contact our office so that one of our attorneys can assist you in taking the proper steps to respond to the work refusal.
- As an employer, can I ban my employees from travelling?
For work-related travel, you can impose policies that limit all non-essential business travel. But regarding an employee’s personal or leisure travel an employer generally cannot prohibit this.
There are other things that you can do to ensure that your workplace remains safe.
- For all employees that have travelled or are planning on travelling outside of Canada require that they report their past travel or future travel plans.
And;
- Implement a policy such as “self-quarantining” or working remotely for 14 days for employees that have travelled to such areas.
- For employees who have just returned from a trip, can I require that they stay home from work?
Yes, you can impose that they stay home and away from the workplace, but you cannot require that they self-quarantine. Suggesting that employees work from home for 14 days after returning from travel is one measure that can be taken.
Keep in mind that factors such as where the employee travelled to and their method of travel may play into the decision of asking them to stay home and for how long.
THIS IS NOT LEGAL ADVICE. If you should need the advice of a lawyer, we advise that you call our office, we would be happy to help you with any legal concerns you may have. This information was published on the Saanichton Law Group website and is intended to be used in any form, for information purposes only.
