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Employee section
QUESTIONS AND ANSWERS:
Q2: What financial assistance am I entitled to?
Q3: What is the maximum number of weeks I can receive emergency benefits?
Q5: If I return from travel or in contact with an infected person, what precautions should I take?
Q6: What are my responsibilities to my employer?
Q7: Can my employer restrict access to my workplace?
Q8: How can I get compensation if I have COVID-19 or if I am self-isolating?
Q10: Can my employer require a doctor’s note?
Q12: What should I do if a member of my family is required to self-isolate?
Q13: Will I be paid if my employer forces me to stay home for preventive reasons when I am not sick?
Q1: What’s happening with the COVID-19 Worker Assistance Program (PATT COVID-19) announced by the Québec government—has it been replaced by the federal government's Canada Emergency Response Benefit?
A1: The COVID-19 PATT is compatible with the Canada Emergency Response Benefit (CERB) announced on March 25, 2020, by the federal government. Those already registered with the PATT will also be able to apply for the CERB. However, it is not yet clear whether they will be able to receive both benefits at once. Governments will provide more details on this issue shortly.
Q2: What financial assistance am I entitled to?
A2: This process map provided by the Ordre des conseillers en ressources humaines agréés represents our current understanding of the various government measures announced.
Q3: What is the maximum number of weeks I can receive emergency benefits?
A3: The Canadian Emergency Benefit will cover up to 16 weeks, from March 15, 2020, to October 3, 2020. If you are still out of work—but looking for a job—at the end of those 16 weeks and are eligible for EI, you may then be eligible for benefits under that program.
Q4: Can my employer require me to use my accumulated vacation hours or sick leave before claiming employment insurance benefits or government assistance?
A4: Technically, the answer is no. An employer cannot force an employee to go on vacation. On the other hand, we have seen several employees who have chosen this route, because their salary is more generous than the employment insurance benefits they would receive. It is an option both parties might agree upon, if mutually beneficial. It should be understood, however, that this will further delay the payment of their CERB benefit.
Q5: If I return from travel or in contact with an infected person, what precautions should I take?
A5: Beginning March 25, 2020, under the Quarantine Act, travellers returning to Canada must observe a mandatory 14-day quarantine, which means staying at home and not receiving visitors. Violators will be subject to fines of up to $750,000 and even jail time.
Travellers who are not presenting flu-like symptoms should not go to Emergency, but should rather call the COVID-19 dedicated line within 24 hours of returning to Canada:
- Montréal Region: 514 644-4545;
- Québec City Region: 418 644-4545;
- Rest of Québec: 1 877 644-4545.
The authorities ask all returning travellers to watch for COVID-19 symptoms during this 14-day period and to contact their local health authority as required.
Should symptoms of COVID-19 appear, they are instructed to call the abovementioned numbers for further information.
Basic hygiene etiquette should be followed: practice proper handwashing, cover your nose and mouth when coughing or sneezing, and discard any used tissues immediately.
Q6: What are my responsibilities to my employer?
A6: According to Section 49 of the Québec Act Respecting Occupational Health and Safety, workers must not endanger the health, safety or physical well-being of other persons at or near their workplace.
For federal civil servants or those working for federally regulated organizations, Section 126 of the Canada Labour Code states that employees must "report to the employer anything or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the workplace by the employee".
Employees returning from travel, employees exhibiting symptoms of COVID-19 and, more broadly, employees who are likely to be a carrier of the virus represent a risk for others and must therefore inform their employer of the situation.
Q7: Can my employer restrict access to my workplace?
A7: Pursuant to Section 51 of the Québec Act Respecting Occupational Health and Safety, "employers must take the necessary measures to protect the health and ensure the safety and physical well-being of their workers".
At the federal level, Section 124 of the Canada Labour Code states that "employers shall ensure that the health and safety at work of every person employed by the employer is protected".
An employee who has been diagnosed with COVID-19 or who exhibits symptoms of the virus is a risk to others. Employers can therefore ask any such employee to work from home or, if their job is not conducive to a remote work setup, to self-isolate.
Employers must require any employee returning from travel that he be placed under quarantine.
Q8: How can I get compensation if I have COVID-19 or if I am self-isolating?
A8: The first thing to check is the employer’s policy on sick leave. For more information, refer to the Sickness or Accident page of the Leaves and Absences section of the CNESST website.
The WHO recommends employers to be flexible in applying their sick leave policy and waive the need for a doctor’s note so as not to bog down the system and increase the risk of spreading the virus.
Before letting an employee return to work, employers must ask for proof that the employee did not have COVID-19 or, if they did, proof that they have recovered and show no signs of contagion.
As concerns group insurance, generally speaking, insurance companies consider employees who have symptoms of COVID-19, have a clinical diagnosis of the virus or have been ordered to self-isolate to be eligible for short-term disability.
Some insurance companies do not require a doctor’s note to initially process an application for short-term disability if an employee’s absence is due to COVID-19 symptoms, a clinical diagnosis of the virus or an order to self-isolate.
If an employee does not have group insurance through their employer, the federal government has loosened employment insurance rules for sickness benefits, in particular by waiving the one-week waiting period for people who have been directed to self-isolate.
Q9: If I do not have symptoms of COVID-19 and have been directed by my employer to self-isolate as a preventive measure, what happens with my pay?
A9: The employer may be required to continue paying the employee’s regular wages, as the decision to self-isolate was the employer’s.
However, if an employee voluntarily travels abroad and the employer informs them prior to their departure that they will be required to self-isolate upon their return, the employer would be justified in withholding compensation for this period.
Of course, employers may implement measures to allow employees to work from home.
Q10: Can my employer require a doctor’s note?
A10: To reduce the risk of spreading the virus and overwhelming the health care system, The WHO recommends to employers quarantine or order to work remotely all employees vulnerable to infection, without waiting for a doctor’s note stating that the worker has COVID-19.
However, upon returning from quarantine, the worker may be required to provide a medical certificate attesting he/she is not a carrier of the virus.
Q11: If a co-worker returns from travelling to a trip or has been in contact with an infected person, should I inform my manager, if he/she is not already aware of the situation?
A11: An employee returning from a trip or who has been in contact with an infected person is likely to contract the virus. This represents a risk to co-workers.
According to Section 49 of the Québec Act Respecting Occupational Health and Safety, workers must "participate in the identification and elimination of risks of work accidents or occupational diseases" at their workplace. In this scenario, they should therefore inform their supervisor of the risk in question.
For federal civil servants or those working for federally regulated organizations, Section 126 of the Canada Labour Code states that an employer "must report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person".
Can I exercise my right to refuse to work with this co-worker? If so, will I still be paid?
The right to refuse to work is outlined in Sections 12 through 31 of the Québec Act Respecting Occupational Health and Safety and in Section 128 of the Canada Labour Code. To exercise this right, an employee must have reasonable grounds to believe their health is in danger.
This is the case if a co-worker returns from travelling and has not self-isolated at home for the required period, considering that since s/he would be in violation of the Quarantine Act.
Otherwise, as things currently stand, it would be difficult to prove the presence of a genuine threat. The Canada Labour Code and the Québec Act Respecting Occupational Health and Safety both contain a procedure on how to assess a potential hazard.
If, after evaluation, the right to refuse to work is considered justified, the employee will be entitled to their regular pay. The employer may not penalize or dismiss the employee.
Q12: What should I do if a member of my family is required to self-isolate?
A12: The Act Respecting Labour Standards grants two paid days for various family reasons and up to 10 business days without pay to see to a relative’s health (section 79.7).
"Relative" can refer to, in addition to an employee’s spouse, the child, father, mother, brother, sister and grandparents of the employee or the employee’s spouse as well as those persons’ spouses, their children and their children’s spouses.
For federal civil servants or those working for federally regulated organizations, section 206 of the Canada Labour Code states that employees can have up to five days to take care of a family member.
For additional information on absences and leaves for family reasons, see the relevant provisions in the Québec Act Respecting Labour Standards.
Q13: Will I be paid if my employer forces me to stay home for preventive reasons when I am not sick?
A13: All decisions related to employee remuneration are at the employer’s discretion.
Workers who are self-isolating and able to work from home will be paid their salary.
For employees who are not able to work from home, it is a matter of what the employer’s policy stipulates for situations like these. Collective agreements and HR policies are your points of reference.
If you have short-term disability insurance through your employer, insurers have confirmed that this may be considered sick leave, but you should check this with your employer.
For employees who have been directed to self-isolate by a physician or a government authority and who are not able to work from home, the spokesperson for the Canadian Life and Health Insurance Association (CLHIA) stated on March 11 that they would potentially be entitled to short-term disability insurance benefits during the self-isolation period. They will also qualify for the Canadian Emergency Recovery Benefit (CERB).
Premier François Legault confirmed in a press briefing on March 12 that provincial government employees would continue to be paid if required to self-isolate.
Q14: What financial assistance is available if the current crisis causes me to lose my job or causes a significant drop in my income?
FEDERAL GOVERNMENT
A14: Beginning March 25, 2020, Canadian Prime Minister, Justin Trudeau, announced the announcement of the Canadian Emergency Response Benefit (CERB), which replaces the Emergency Care Benefit (ECB) and Emergency Support Benefit announced on March 18, 2020.
The CERB is a taxable $2,000 benefit paid every four weeks for up to 16 weeks.
All workers who do not have access to employment insurance are eligible, including those who:
- have lost their job due to the pandemic;
- have kept their jobs but are not paid;
- are sick or under quarantine;
- must remain at home to take care of children or seniors.
Students, contract workers and the self-employed are eligible.
It will soon be possible to apply for CERB using an online portal which is currently under construction. Financial aid will be paid ten days later.
This assistance is granted under the new C-13 emergency bill, in effect since March 24, 2020:
- The Canada Child Benefit will be increased by about $550 on average for families for the year 2019-2020. These families will receive approximately $300 more per child in the May payment;
- In early May, the Canadian government plans to make a special payment to low- and modest-income families through the Goods and Services Tax Credit to increase the incomes of single people by an average of nearly $400 (close to $600 for couples). In addition, student loan repayments may be extended by six months, without interest.
PROVINCIAL GOVERNMENT
A.: As announced on March 16, 2020, the Temporary Aid for Workers Program affected by the COVID-19 pandemic (PATT COVID-19) aims to financially support:
- Workers who must self-isolate due to COVID-19, i.e. those who have travelled abroad after March 12, 2020, who have presented symptoms of COVID-19 or who have been in contact with people with these symptoms, or those with COVID-19; and
- Workers who are not eligible for federal employment insurance programs or federal worker assistance (see above) or any other assistance program, who do not have private insurance and who are not compensated by their employer.
Covid-19: Canada Emergency Response Benefit
To support workers and help businesses keep their employees, the federal government has proposed legislation to establish the Canada Emergency Response Benefit (CERB). This taxable benefit would provide $2,000 a month for up to four months for workers who lose their income as a result of the COVID-19 pandemic.
Covid-19: Mazars by your side
The unprecedented health crisis we are facing creates new operational, economic and crisis management challenges for all. The federal and provincial governments have continuously altered regulations. What are the ramifications for your employees and your business? Below we share action steps and informational items that our teams have identified to assist you through these difficult times.