This podcast episode discusses key considerations for employers in returning employees to work during the COVID-19 pandemic. It covers increased workplace inspections, ensuring employees are aware of new health and safety policies and procedures, accommodating employee requests not to return such as due to childcare or health issues, documenting discussions of refused work to protect employers, having contingency plans for continued refusals, and developing reopening plans within collective agreement or contract timeframes to avoid termination claims. The hosts provide tips on using layoff notice periods to develop reopening strategies and training new protocols.

1. Morning Commute
with Miller Thomson
A quick summary of our podcast surrounding
current issues in the legal landscape

2. Re-Opening Your Business –
Key Considerations in Returning Your Employees to
Work
Key Takeaways from Episode 4

3. Episode Hosts
Inna Koldorf
Partner | Vaughan
Stephen Torscher
Partner | Calgary
Claudia
Desjardins
Belisle
Partner | Montréal
Katie Comley
Associate | Vancouver

4. In Ontario, the Ministry of Labour has
improved its random audits of workplaces to
ensure that the Occupational Health and
Safety Act and public health officials' advice
and recommendations are being thoroughly
followed.
Policies and Procedures

5. Employees need to demonstrate they are
aware of their workplace's COVID-19 related
policies, and adhere to all the sanitation
procedures, social distancing measures, and
quarantine policies.

6. There may be a number of different reasons
why a recalled employee may not be able to
return, such as childcare obligations, caring
for an elderly parent, or concerns about
available public transit services.
Accommodating Employee Requests Not to Return

7. Employers need to be mindful of their
human rights obligations. There should be
open dialogue between the employer and
employee to discuss the particular
circumstances of an employee.

8. These discussions should be documented to
protect the employer in the future if the
employee files a complaint concerning
inadequate accommodation.

9. All employers should have a contingency
plan in place and also anticipate that some or
all employees may refuse to work until the
pandemic ends.
Dealing with Work Refusals

10. When employees refuse to work, employers
must continue to have discussions with their
employees to understand what they can do
to improve their work situation.

11. Employers need to be mindful of the length
of the layoff period – which is dictated by
collective agreements or individual
employment agreements, and provincial
employment standards – and make the
required procedural changes within this
timeframe.
Tip on Recalling Employees Back to Work

12. Knowing the final date before a layoff
becomes a termination allows employers to
work backwards to develop their re-opening
plan, including making physical changes to
the workspace and training employees on
new policies and procedures.

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Stay Informed