Now that the isolation period has been reduced and testing centers are no longer accessible to ordinary people, the management of potential COVID-19 cases in the workplace is causing headaches. In interview with The duty, experts speak out on the obligations and best practices of employees and employers to help them see things more clearly.
If the director general of the Order of Human Resources Advisors could only give employers one piece of advice, it would be to trust the employees. “We no longer have the reference for the PCR test, which several employers demanded. So if someone says he has symptoms, you have to believe it, ”explains Manon Poirier.
Burden of proof
In the event of reasonable doubts, the employer still has the right to request supporting evidence, says labor law lawyer Marianne Plamondon. The partner at Langlois Avocats cites a worker struggling with frequent absenteeism as an example. In this case, it is the employee who will have the burden of proof of his illness.
Rapid screening tests can then be called in to the rescue. Several companies have bought them for distribution to their employees. They are not, however, required to do so. It is up to the worker to obtain them or to go to a doctor.
“As public health experts have said that the rapid tests gave good information, it is difficult for the employer to refuse them as evidence,” said the lawyer.
Me Plamondon believes that many employers will not have the choice of exercising a certain control in the face of the multiplication of flu and cold symptoms, associated with those of COVID-19.
If employees say they still have symptoms after five days off, we should especially not put pressure on them to return to work, adds Manon Poirier.
This is also one of the concerns of the Federation of Workers of Quebec. “We fear that employers will try to force the bill for a hasty return,” indicates Daniel Boyer, president of the central union. After five days, the symptoms should have subsided. But it is very subjective. Are we going to return infected people who will infect others? “
The employer has the responsibility to provide a safe workplace, in compliance with the health rules in force, while the employee has the responsibility of not endangering his colleagues, recalls Mr.me Pear tree. And we must obviously encourage teleworking when possible.
The certified human resources advisor also suggests that companies support employees through the process, in particular by informing them of the benefits to which they are entitled during their leave.
“There is the risk that people show up at work with symptoms for fear of losing income,” said Mme Pear tree.
Two days of paid leave
The Act respecting labor standards requires the employer to grant a minimum of two days of paid leave, but many companies offer more. There is also the Canada Sickness Benefit for Economic Recovery, of $ 500 per week, for which the federal government does not require supporting evidence, continues the advisor.
For those who must be absent for an extended period of time because they have contracted COVID-19 at work, there are services provided by the Commission des normes, de l’énergie, de la santé et de la sécurité du travail (CNESST). ). With regard to the evidence requested, the CNESST “is currently analyzing with its various partners the best solutions to put in place in the current context, taking into account the legal and socio-sanitary contexts”. “In the meantime, it calls for the collaboration of workers and employers so that everyone can show understanding and flexibility,” said public relations advisor Antoine Leclerc-Loiselle by email.