Extracted from:

Pandemic Planning Policy for Employers: Responding to the Coronavirus (COVID-19)

Employers should develop a written policy setting out clear guidelines on how the employer handles communicable illnesses like COVID-19. A written policy that is communicated to the workforce and uniformly enforced will provide legitimacy to employer actions, guidance to employees and managers, and ensure consistency. This can help mitigate legal risks and assist in the defence of legal challenges.

Employers with unionized workplaces should be mindful of their collective agreement obligations (if any) to consult with the union. In the federal jurisdiction, employers should also be mindful of their statutory obligations to work with health and safety committees on the development of certain health and safety initiatives.

A communicable illness policy may include some of the following elements:

• A requirement for employees to notify their manager if they or someone with whom they reside plans to or has recently travelled to/from an area subject to a Government of Canada travel health notice to avoid non-essential travel or to avoid all travel;
• A requirement that employees who have or suspect that they have a communicable illness will seek appropriate medical treatment and follow the recommendations of their medical professional, particularly as it relates to remaining home from work, self-isolation, quarantine or other measures designed to prevent the spread of illness;
• A requirement that employees remain out of the workplace for the period of time recommended by medical professionals, and a related right of the employer to enforce that requirement for ill employees and those who have been exposed to a highly contagious communicable illness where that restriction is necessary to protect other employees;
• An overview of the paid and unpaid leave entitlement available to employees affected by a communicable illness;
• A confirmation that the employer may restrict business travel to areas subject to a Government of Canada health travel notice to avoid non-essential travel or to avoid all travel;
• A confirmation of the employer's commitment to take reasonable precautions and other specifically prescribed steps required by health and safety or other legislation to protect employees; and
• A confirmation that the employer's decision about employees affected by a communicable illness will be based on the most current available medical or public health information, including information about transmission risk, and prognosis for recovery, among other things.