While many workplaces remain closed to due Ontario's mandatory shutdowns, some essential workplaces are grappling with ensuring sufficient employee attendance to meet their businesses' operational needs.

Generally, while an employer cannot seek a medical certificate to confirm that an employee is ill or exhibiting COVID-19 related symptoms, an employer may require an employee who takes declared emergency leave or infectious disease emergency leave  to provide evidence reasonable in the circumstances to substantiate the leave.  Further, a preference to be placed on lay-off to enable access to the CERB or other benefits is not a valid reason to refuse work, absent special circumstances that engage human rights considerations.  In many cases, employees without special needs may be expected to abide by the employer's regular attendance policies and will not be entitled to refuse work unless they have engaged in a valid work refusal under the Occupational Health and Safety Act.

In view of the multiple competing considerations arising in the circumstances, attendance issues must be addressed on a case-by-case basis.  If your essential workplace is facing attendance management issues, you are encourage to contact Templeman LLP for advice specific to your workforce.

-Templeman LLP

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