Do my employees have the right to refuse to work during this period?
For the moment, there is no history of this situation in relation to the exercise of the employee’s right of refusal (section 12 of the Act respecting occupational health and safety). If an employee believes that he or she is in a situation of danger and that a risk exists, he or she may exercise this right. For example, if the person is pregnant, has a weakened immune system or is experiencing health problems, it would be preferable for them to remain isolated.
Do I have any obligations as an employer regarding COVID-19?
Yes, as an employer, you are required by law to exercise due diligence. In this case, your obligations would be to encourage good hygiene among employees and make the necessary equipment available for this purpose, ensure cleanliness of the workplace, remind employees of the sick leave policy and authorize employees to take time off work if symptoms are present.
As an employer, you must also provide your employees with the necessary information and training about the virus.
Can I dismiss or fire an employee who is infected?
Firing an employee simply because he or she is infected with the virus could be discrimination. Be vigilant in this regard.
Am I allowed to ask employees questions about their medical situation?
Usually, access to medical information about your employees is limited, which means that asking questions about their medical situation can be risky for you. On the other hand, in the event of a pandemic, such as COVID-19, you have a duty to protect the health and safety of your employees, which means you need to be aware of the current situation in your company in order to protect other employees.
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