Returning to Work during COVID-19 Hosted by CLEO in partnership - PowerPoint PPT Presentation

Returning to Work during COVID-19 Hosted by CLEO in partnership with: John No , Parkdale Community Legal Services Emily Keene , Mobile Legal & Social Justice Initiative, Southwestern Ontario (a project of Mississauga Community Legal Services) Supported by: July 28 th , 2020

Disclaimer This webinar is for general information purposes only and is not legal advice. It is not intended to be used as legal advice for a specific legal problem. This webinar was recorded on July 28th, 2020 and reflects developments in the law before that date. 2

Land Acknowledgement We acknowledge that the land from which we are presenting this webinar is the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. We also acknowledge that Indigenous Peoples are the first educators on this land. 3

Outline 1. Who is CLEO? 2. Returning to Work during COVID-19 (John No) o Can we refuse to return to work? o Ministry of Labour Process, Health and Safety Protocols, Accommodation o CERB & other Income Benefits for those not returning to work Short Q & A • 3. Job-protected Leaves + Lay-offs during COVID-19 (Emily Keene) Job-protected leaves of absence • • Infectious Disease Emergency Leave + Statutory Leaves Temporary Lay-offs during COVID • Short Q & A • 4. CLEO’s legal information on COVID-19 5. Phone support for employment issues during COVID-19 6. Longer Q & A 4

CLEO • Produces reliable legal information in plain language for those living on low-incomes and those who are marginalized o Steps to Justice: answers and next steps in 13 areas of law and has live chat offered in English every weekday o Justice pas-à-pas: step by step information in French (justicepasapas.ca) o Free print brochures that Ontario not-for-profits can order from CLEO’s main website • Supports community and legal workers with training, tools, and a community of practice through cleoconnect.ca 5

COVID-19 Pandemic Related Employment Rights Presented on July 28, 2020

Employment Rights during COVID19 Context As of July 26, 2020… Canada • 114,175 confirmed COVID-19 cases • 8,917 deaths Ontario • 38,679 confirmed COVID-19 case • 2,792 deaths

Employment Rights during COVID19 Context Unemployment Rate Feb 2020 June 2020 Canada 5.6% 13.0% Ontario 5.3% 12.4% Ottawa 4.2% 9.0% Toronto 5.4% 13.6% London 4.9% 12.6% Thunder Bay 5.3% 11.1%

Employment Rights during COVID19 Context Canada Emergency Response Benefit As of July 19, 2020, 8.4 million people received CERB. Total CERB paid out is $61.25 billion. 41.9% of recipients were under 34 years old. 36.8% of recipients were between 35 – 54 years old. 21.3% of recipients were over 55 years old.

Employment Rights during COVID19 Context Canada Emergency Response Benefit • The Canada Emergency Response Benefit provides $500 per week for a maximum of 24 weeks. • The Benefit is available from March 15, 2020, to October 3, 2020. You can apply no later than December 2, 2020 for payments retroactive to within that period.

Employment Rights during COVID19 Context Canada Emergency Response Benefit The Benefit is available to workers: • Residing in Canada, who are at least 15 years old; • Who have stopped working because of reasons related to COVID-19 or are eligible for Employment Insurance regular or sickness benefits or have exhausted their Employment Insurance regular benefits between December 29, 2019 and October 3, 2020; • Who had employment and/or self-employment income of at least $5,000 in 2019 or in the 12 months prior to the date of their application; • Who have not quit their job voluntarily; and • Who does not earn more than $1,000 in a four week benefit period.

Employment Rights during COVID19 Context Canada Emergency Student Benefit • The Canada Emergency Student Benefit provides $1,250 every 4 weeks from May to August 2020. • You can received additional $750 if you have a disability or have a dependent under the age of 12 years.

Employment Rights during COVID19 Context Canada Emergency Student Benefit The Benefit is available to students: • Who are enrolled in a post-secondary educational program OR completed a post-secondary education program in December 2019 or later OR have applied for post-secondary education program that starts before February 1, 2021; • Who are Unable to work due to COVID-19 or cannot find work due to COVID- 19; and • Who does not earn more than $1,000 in a four week benefit period. CESB is not available to international students.

Employment Rights during COVID19 Context In order to understand the landscape of your employment rights in the era of COVID-19 pandemic, we have to know what happened before COVID-19. • On November 27, 2017, the Ontario government froze the minimum wage to $14 per hour. • On January 1, 2019, the Ontario government eliminated legislated paid sick days. • On January 1, 2019, the Ontario government eliminated equal pay for equal work based on employment status.

Employment Rights during COVID19 Rights to Refuse Unsafe Work My workplace is unsafe � OHSA right to refuse unsafe work � Exemptions to OHSA right to refuse work, e.g. person employed in the operation of a hospital � Factors to consider � How to refuse unsafe work � Practical considerations of refusing work, e.g. reprisal

Employment Rights during COVID19 Rights to Refuse Unsafe Work You can refuse to work if you have reason to believe that the physical condition of the workplace is likely to endanger you: If you do decide to refuse to work, you must report your refusal and your reason for the refusal to your supervisor or employer. Your employer must investigate your complaint. If you are unsatisfied with your employer’s response, you or your employer can contact the Ministry of Labour. The Ministry of Labour will then inspect the workplace.

Employment Rights during COVID19 Rights to Refuse Unsafe Work � Ensure all high-touch tools and surfaces are cleaned regularly. For detailed information. � Create distance between workers, keeping a distance of at least 2 metres from others, as much as possible. � Reduce the number of passengers on elevators and avoid crowding in stairwells and other tight spaces. � Give workers more opportunities to keep their hands clean, for example by providing soap and water or hand sanitizer if soap is not available. � Ensure workers are using any required personal protective equipment appropriately. � Schedule breaks at different times to avoid large groups. � Hold meetings in outdoor spaces.

Employment Rights during COVID19 Human Rights Code Human Rights Code protects employees from direct, indirect, or adverse effect/constructive discrimination based on personal attributes called “grounds”. Some of the grounds that may be more susceptible to discrimination during COVID19 pandemic are: • Disability, e.g. immunocompromised. • Family status, e.g. child care or elder care obligations. • Marital status, e.g. spousal care obligations. • Race, ethnic origin, ancestry, e.g. scapegoating, assumptions about infections.

Questions? 19

Workers’ Action Centre and Fight for $15 and Fairness are conducting a survey: • questions about safe return to work and income supports • for those collecting CERB or those who hope to collect CERB • access the survey at this link • deadline this Friday, July 31 20

At Home During COVID-19: Statutory Leaves & Temporary Layoffs Emily Keene, Mobile Legal and Social Justice Initiative July 28, 2020

Typical scenarios from the past months Employer’s business shut down temporarily as a ‘non essential service’ or shut down for other reasons • related to COVID-19 • Hours dwindled � shifts not scheduled at all eventually Schools and daycares shut down and worker left without childcare • Worker sick with symptoms of COVID-19 � directed by health professional to quarantine • Travelled outside of Canada and must quarantine upon return • Caring for a dependent at home who has COVID-19 • Staying home due to being immunocompromised or living with someone who is immunocompromised • Sent home by employer due to a spread of COVID-19 in the workplace •

Leaves of Absence available under the Employment Standards Act, 2000 u Infectious Disease Emergency Leave u Declared Emergency Leave - Plus: u Sick leave u Family responsibility leave u Family caregiver leave u Family medical leave u Critical illness leave

Infectious Disease Emergency Leave u The ESA was amended on March 19, 2020 to include Infectious Disease Emergency Leave. u This leave’s entitlements are retroactive to January 25, 2020. u Purpose: u A job protected, unpaid leave for employees unable to perform the duties of their job for specified reasons related to an infectious disease u Currently, the only infectious disease that applies is COVID- 19.