Update on COVID-19 Layoff Provisions

COVID-19 Layoff ProvisionsThis past Monday marked the three-year anniversary of the date the World Health Organization declared COVID-19 a pandemic. Since that fateful day in 2020, a lot has changed. Though there remain areas where transmission rates are still high, increased vaccination rates, higher immunity, and public health measures have helped curtail the spread of the virus and significantly decreased the rate of new infections in Canada. 

As a result, many provinces and territories are revoking laws that were amended or implemented as a result of the virus. For example, about a month ago, Alberta repealed the COVID-19 layoff provisions in its Employment Standards Code (the “ESC”). This followed a trend we saw with the federal government as well as many other provinces such as Ontario. 

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Before you take off your mask: masking still required in certain Ontario settings

Provincial masking requirements are being extendedOn April 22, 2022, the Ontario government announced that provincial masking requirements, which were set to expire on April 27, 2022, are being extended in certain higher-risk indoor settings until 12:00 a.m. on June 11, 2022. The extended measures have been made in an attempt to manage the sixth wave of COVID-19.

These higher-risk settings include:

  • public transit;
  • health care settings (e.g., hospitals, doctors’ offices, clinics that provide health care services, laboratories, specimen collection centres, and home and community care);
  • long-term care homes;
  • retirement homes; and
  • shelters and other congregate care settings that provide care and services to medically and socially vulnerable individuals.
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What Does the End of Provincial Covid-19 Safety Measures Mean for Workplace Policies?

End of Provincial Covid-19 Safety Measures and Workplace PoliciesAcross Canada, government mandates regarding masking and vaccination are lifting. In Ontario, vaccine passports are no longer required as of March 1 and masking mandates were lifted as of March 21. Employers who previously rolled out vaccination policies may be wondering what these wider government changes mean for their workplace policies. 

Is A Vaccination Policy Necessary?

The shift in governmental approach towards COVID-19 safety protocols will likely mean that employers looking to justify invasions of employee privacy – i.e. disclosing vaccination status –  based on reasonable health and safety concerns will be less able to do so. This is because the consensus, as evidenced by the change in government mandates, is that maybe this need is not based on a legitimate health and safety concern. This may vary depending on the workplace, but we note that even the employee vaccination mandate for long-term care homes –  which was legally required – has been lifted. 

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Religious Accommodation & Vaccination – What’s the deal?

In the context of the increasing prevalence of vaccine mandates, employee requests for accommodation on religious grounds are becoming common. Religious beliefs and practices and the resulting accommodation requests can be varied and tricky. Today we will take a look at what employers should know and do about requests for accommodation based on religion. 

What Do Employers Need to Accommodate?

Human rights legislation across Canada provides employees with protections from discrimination on the basis of creed or religious beliefs or practices. Employers must accommodate up to the point of undue hardship. 

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Workplace Law Trends for 2022

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles. 

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.

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