The Quebec government ordered companies to close offices (but for those considered to be “essential” in the times of coronavirus).
Yet the companies able to organize their work at a distance (meaning their employees would be working from home) may continue their operations.
The important thing is that the employees should not be obliged to show up in person. But what if work from home is not possible and your employer simply decided to stop temporarily?
An employer cannot force you to take vacation leave time, but you might still come to an agreement, if your vacation payments significantly exceed those for temporary unemployment.
If, though, you have no intention to take your vacation time, yet your employer told you to stopped working, we are speaking of the lay-off situation: your employer in a situation of “force majeure” and he may make a decision to temporarily lay-off those working for him without pay. (Depending on your collective agreement and employment contract you might be eligible for disability insurance or other payments, but there is no automatic obligation of your employer to pay for the quarantine time.)
The pandemic justifies employers to lay people off without prior notice, even though your collective agreement says otherwise. Yet, particular provisions of the collective agreement could still make the situation different in your company. Therefore, if you are working in a unionized environment, it would be a good idea to talk to your union representative.
If you are working in a non-unionized company, the Quebec law (https://www.educaloi.qc.ca/en/capsules/workplace-protections-quebec) allows a six-month lay-off (and three to six months under federal laws). If this lay-off is seen as a constructive dismissal (dismissal in disguise), then the Civil Code of Quebec would normally give you a right for a payment. Yet, the pandemic might be seen as “force majeure” in the Courts, so it is too early to say if this disposition of the Civil Code would apply as usual.
What if you showed some suspicious symptoms, yet your employer did not want to allow you to go for self-isolation? What if your employer threatens to dismiss you? This might lead, under certain circumstances to a legal claim against such an employer. Yet the symptoms and proof or a legitimate cause should be present. For example, Quebec law allows up to ten days (and five for those under federal jurisdiction) to take care of your family member. Of course, you may not be absent at work simply because you decided so.
If you believe that your working conditions are dangerous, you can complain here: https://www.cnesst.gouv.qc.ca/a-propos-de-la-CNESST/Pages/plaintes-sante-securite-travail.aspx?_ga=2.135296113.1993612616.1584460658-1922159119.1580228364
If you became infected at work, you may be entitled for benefits under the Act respecting industrial accidents and occupational diseases. You have to get a diagnosis from your physician, notify your employer and complete the appropriate form with CNESST.
What if, on the contrary, you refused to submit to a quarantine requirement of your employer before the government restrictions came in force? Your employer had the right to impose his own restrictions as by law he is obliged to take reasonable measures to maintain the working environment safe and secure. If you refused to follow reasonable instructions and company policy (applicable to everyone, not to you only), this might be a reason for a disciplinary sanction.
If, due to the “force majeure” (and not some misconduct) an employee was fired, such an employee usually qualify for employment insurance benefits (if the employer(s) was (were) in Canada and if the employee worked for about 400-700 hours — depending on the area — during the previous year).
If you think that you were dismissed wrongfully or forced to quit, you have 45 days to complain to CNESST (Labour Standards, Pay Equity and Workplace Health and Safety Board) here: https://www.cnt.gouv.qc.ca/en/toolbox/online-complaints/index.html?no_cache=1
More information is available here: https://www.cnesst.gouv.qc.ca/salle-de-presse/Pages/covid-19.aspx
Employment insurance benefits may be also available if you left your voluntarily, but having no other alternative. For example, you were harassed at work, your working conditions were dangerous, you were indirectly forced to quit, your spouse was moving to another city because of work, etc.
You can apply online here: https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit.html
By the way, if you are paying child support, you will have to continue paying those from the Employment Insurance benefits you get.
Additional employment insurance COVID-19-related benefits are also available: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html
A medical certificate is not required to apply for Employment Insurance sickness benefits due to quarantine. One might be eligible for up to fifteen weeks of benefits.
Temporary Aid for Workers program — TAWP — is available in Quebec (https://www.educaloi.qc.ca/en/news/covid-19-receiving-compensation-while-isolation) for two-weeks isolation ($1,146 in total).
Finally, the Canadian Government has announced the Emergency Response Benefit for those who are no longer at work because of the COVID-19 crisis. This benefit covers up to four months at $2000 per month. (And it is taxable).
More information on the Canadian Government measures is available here: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html
Our lawyers are there to answer your questions during this crisis. Our first consultation is available for a reduced price of $125. You can contact us for further information and to make an appointment at 514-904-4017 or via email: [email protected].
