COVID-19

LAST UPDATE: June 21, 2022 – 3:15 PM

DISTANCING AND WEARING OF A MASK

Wearing a mask is no longer mandatory for employees and customers.

Distancing measures (physical distancing, physical barriers, etc.) remain recommended practices, but are no longer mandatory.

DINING ROOM AND BREAK ROOM

Distancing measures (physical distancing, physical barriers, etc.) remain recommended practices, but are no longer mandatory. Wearing a mask is no longer mandatory.

EMPLOYER’S RIGHT OF MANAGEMENT

However, an employer still has the right of management. Thus, if he wishes to impose the wearing of a mask or the maintenance of physical barriers despite the lifting of the obligation by the CNESST, he is entitled to do so. In this case, we recommend that you notify employees of the new guidelines and your expectations in this regard. If your employees fail to comply with your guidelines, you can impose disciplinary measures by applying progressive of sanctions.

TELEWORK

Gradual return to hybrid mode is authorized. Telecommuting is no longer mandatory.

VALIDATION OF THE STATE OF HEALTH OF EMPLOYEES

The CNESST maintains the obligation for employers to exclude symptomatic people. To fulfill this obligation, the CNESST has relaxed the measures and provides several means to be able to comply with this obligation:

• workers are informed that in the event of symptoms of cough or fever, difficulty breathing, sudden loss of smell or taste without nasal congestion or any other symptom associated with COVID-19, they don’t have to show up for work
• identification of workers with symptoms of COVID-19 before entering the workplace, for example by means of:
  • of the INSPQ questionnaire
  • self-assessment by workers
  • a poster informing workers of the exclusion measures
  • emails reminding you of the isolation procedures in the event of symptoms
  • The information thus collected is of a confidential nature. The employer must take the necessary measures to ensure that their confidentiality is protected.

Thus, several methods can be put in place to meet this obligation. Whether it’s daily validation of the state of health of all employees, a poster informing workers not to come to work if they have symptoms or reminder emails, the important thing is to be able to demonstrate that this obligation is met.

ISOLATION MEASURES

PCR TESTS

PCR tests in screening clinics are now reserved for healthcare workers or certain higher priority clienteles.

Consequently, employers should no longer require proof of a positive PCR test from their employees. That said, it is becoming essential to adequately manage symptoms and isolations in order to avoid outbreaks in companies.

DURATION OF ISOLATION

Fever

Regardless of the reason for the fever, employees should self-isolate for up to 24 hours after the fever ends.

Positive test

If a properly vaccinated person tests positive for COVID-19, they must self-isolate for a period of at least 5 days. They will be able to resume their activities after this isolation period if the symptoms and fever improve. However, for a period of 5 additional days, they must wear a mask during any social interaction and respect the distance of 2 meters as much as possible.

For an unvaccinated person, this isolation is also 5 days. However, to resume their activities, they must obtain a negative test. When they resumes their activities, they must wear a mask during any social interaction and respect the distance of 2 meters as much as possible.

Lack of testing

A symptomatic person who does not have access to a rapid test or PCR could be considered a positive person and should follow the isolation instructions that apply. The employer will have to assess the situation.

Person living with a person who has COVID-19 or a sexual partner

Sexual partners or people living with a Covid-positive person must, for the next 10 days, monitor their symptoms, wear a mask during any social interaction and respect the distance of 2 meters as much as possible.

In the case of unvaccinated people who have never had COVID-19, they must isolate themselves for a period of 5 days. For the next 5 days, the person can resume their activities but they must monitor their symptoms, wear a mask during any social interaction and respect the distance of 2 meters as much as possible.

*There is no need to extend the isolation period if another member of the household becomes a COVID case

Management right of the employer

In any event, despite the isolation instructions established by the government, as an employer, you have a right of management to protect the health and safety of your workers. Thus, you can decide to extend the period of absence from work.

RECORD OF EMPLOYMENT IN CASE OF ABSENCE RELATED TO COVID-19

In the event of an interruption of earnings for 7 consecutive days, you must complete a record of employment within the time limits prescribed by law, i.e. 5 days after the end of the pay period in which there was an interruption of earnings. The codes to enter are as follows:

Service Canada reminds you that you should not post comments in order to facilitate faster processing.

COMPENSATION DURING ABSENCE RELATED TO COVID-19

You have no obligation to pay for the entire period of absence related to COVID-19. However, under the Act respecting labor standards, the first 2 days of absence due to illness or to take care of a loved one must be paid if the employee has more than 3 months of seniority. These two paid days are calculated per calendar year.

During the absence, several federal programs exist to compensate for lost wages.

Employment insurance sickness

Employees will be able to submit a claim to employment insurance to cover their lost wages related to their absence. On the other hand, a waiting period of 5 days could be applicable and the requirement to present a medical note is necessary.

PCMRE

The PCMRE is no longer valid because this program was scheduled until May 7, 2022.

PCREPA

This program also ended on May 7, 2022.

QUESTIONS AND ANSWERS

In the meantime, if you have any questions, do not hesitate to write to our legal team at juridique@ccaq.com