As the summer comes to an end, doctors are concerned about a potential “tripledemic.” This raises the question for office workers about what they can do if they find themselves working alongside someone who has tested positive for COVID-19 or is sick with another illness like the flu. In the early stages of the pandemic, various measures were implemented to limit the spread of illnesses, such as quarantine requirements, sick leave legislation, and remote work options. Last year, the federal government mandated 10 paid sick days for federally regulated employees, which went into effect in December 2022. British Columbia also introduced five permanent paid sick days. However, other provinces have different rules. For example, Quebec workers are entitled to two sick days, which was the case even before the pandemic. Ontario, on the other hand, ended its sick leave program in March, removing workers’ access to three paid days under the temporary program.
With some companies transitioning away from remote work and provinces relaxing quarantine requirements, it is possible that office workers may have to work alongside sick individuals. Jon Pinkus, a partner at the Labour and Employment Group at Samfiru Tumarkin LLP, advises employees to communicate their concerns with management. In Ontario, the Ministry of Labour expects employees to attempt resolution before taking further action and determine if a practical solution can be found. If no resolution is reached, a government inspector may be involved to ensure the employer is following provincial guidelines. For instance, if quarantine requirements were reinstated in Ontario and an employer failed to comply, an employee should not be penalized for refusing to come to the office. In such cases, an inspector would likely order the employer to send the sick individual home. However, employees need to be cautious about refusing to come to work, as it may depend on the employer’s policies.
Medical professionals and doctors argue that paid sick days are still necessary nationwide. Dr. Mara Waters, an infectious diseases doctor and member of the Decent Work and Health Network, highlights that the absence of sick days often leads to people working while sick due to fear of being perceived as unreliable and missing out on shifts. A report by the National Partnership for Women and Families found that individuals without paid sick days were 1.5 times more likely to go to work with a contagious illness. Moreover, studies have shown that providing paid sick days would not impose a significant financial burden on employers. For example, a study by the Centre for Future Work estimated that implementing a 10-day sick leave policy in British Columbia would only increase business costs by 0.21% of existing expenses. Nonetheless, while paid sick days may not be obligatory, Pinkus suggests that employers should establish a clear policy regarding employees working while ill to prevent disputes. A well-defined policy assures employees of their rights and allows them to evaluate if they are comfortable continuing to work at the organization.
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