hr and employment law during covid-19...hr and employment law during covid-19 presented by carolyn...
TRANSCRIPT
HR AND EMPLOYMENT LAW DURING COVID-19PRESENTED BY
CAROLYN ARNOLD LEBLANCWORKPLACE, BUSINESS AND COMMERCIAL LAWYER
CAROLYN M. ARNOLD LEBLANC,BGS, RSW, JDCarolyn holds an Urban Development and Planning Diploma, Bachelor of General Studies in Applied Business and Economics, an Honors Bachelor of Indigenous Social Work, and a Juris Doctor with a focus on Administrative Law and Indigenous Laws.
Her research on Employment Law, Indigenous and Aboriginal Law, and the Administration of Justice in Canada has appeared in publications such as the Cambridge Scholars Press, International Journal of Social Economics, and Journal of Humanities-Civic, Community, and Political studies.
In addition to her academic achievements, Carolyn has worked in a variety of legal and policy environments. Her legal practice focuses on Workplace, Business and Commercial Law, and Interjurisdicational Litigation.
Carolyn is a subject matter expert in the Economics of Law and Indigenous Business Program offered through Athabasca University.
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THE ANSWER IS…YES NO MAYBE ITDEPENDS
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On the contract you have, the industry standards, the reason,
the insurance you have, and much more.
job protection during COVID 19 does not relate to all leave.
there is coverage for a businesses expenses and losses during COVID 19.
an employer has the right to collect and require medical proof of illness, injury, or
medical health from employees and prospective
employees.
IGNORANCE OF THE LAW IS NOT A DEFENCE
INFORMATION KEEPS CHANGING AND YOU ARE OBLIGATED TO STAY CURRENT.
MAKE SURE YOU ARE GETTING RELIABLE INFORMATION FROM RELIABLE SOURCES.
LINK TO GOVERNMENT OF BC REGARDING ESSENTIAL SERVICES DURING COVID-19
YOU ASKED ….
DO THE NEW EMPLOYMENT STANDARDS AFFECT ME?
Yes:
No:
Maybe:
It Depends:
CAN EMPLOYERS REQUIRE MEDICAL INFORMATION?
Yes:
No:
Maybe:
It Depends:
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YOU WANTED TO KNOW…
DO I HAVE TO GUARANTEE EMPLOYMENT TO ALL MY STAFF?
Yes:
No:
Maybe:
It Depends:
CAN I LAYOFF AN EMPLOYEE?
Yes:
No:
Maybe:
It Depends:
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YOU’VE WORRIED…
DO EMPLOYERS HAVE OPTIONS?
Yes:
No:
Maybe:
It Depends:
WILL MY INSURANCE APPLY TO COVID-19?
Yes:
No:
Maybe:
It Depends:
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YOU WERE CONCERNED…
CAN AN EMPLOYEE REFUSE TO WORK?
Yes:
No:
Maybe:
It Depends:
WILL PRE-EXISTING CONDITIONS CHANGE THE AVAILABLE OPTIONS?
Yes:
No:
Maybe:
It Depends:
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EMPLOYERS NEED TO KNOW
THE ORDERS AND GUIDELINES CURRENTLY IN PLACE FOR COVID-19 QUARANTINE OR SELF-ISOLATION
LINK TO COMMON QUESTIONS ABOUT COVID-19 FROM THE BC CENTRE FOR DISEASE CONTROL
EMPLOYMENT STANDARDS ACT CHANGES IN BC
WHAT ARE THE NEW EMPLOYMENT STANDARDS ACT CHANGES THAT
JUST CAME INTO EFFECT?
Effective March 23, 2020 and retroactive to January 27, 2020
For all qualified employees and for all qualified leave factors:
Scared to work?
Unable to work?
WHAT COUNTS AS REFUSAL TO WORK?
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"Undue hazard“
"Reasonable cause to believe“
measures to support mental well-being
EMPLOYMENT STANDARDS ACT CHANGES IN BC
HOW AND WHEN DO I COMPLETE THE RECORD OF EMPLOYMENT (ROE)?
Do I need to put them on formal leave?
Severance?
Notice?
HAVE REGULATIONS OR OBLIGATIONS ON EMPLOYERS BEEN RELAXED OR SUSPENDED DURING THIS PANDEMIC?
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EMPLOYMENT STANDARDS ACT CHANGES
HOW DO EI SICKNESS BENEFITS IMPACT ME AS AN EMPLOYER?
Rehiring after the Pandemic?
EI sick benefits for non-Covid-19?
Hiring temporary employees during Covid-19?
what workers should be at work
audit waivers and certificates due to expire by August 31, 2020.
WHAT ARE MY WORKSAFEOBLIGATIONS DURING COVID-19?
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WORKSAFEBC OBLIGATIONS AND PROVISIONS
CAN I USE TEMPORARY LAYOFFS AND TERMINATIONS DURING COVID-19?
Layoff or Termination?
Unable to rehire after Pandemic?
Staff restructuring after the Pandemic?
Available vacation time?
Using up Sick days?
HOW DO SICK DAYS AND VACATION TIME APPLY DURING PANDEMIC?
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IGNORANCE OF THE LAW IS NOT A DEFENCE
THE REVISED WORKERS COMPENSATION ACT (R.S.B.C. 2019) IS NOW IN EFFECT.
MAKE SURE YOU ARE GETTING RELIABLE INFORMATION FROM RELIABLE SOURCES.
LINK TO REVISED LEGISLATION FOR WORKSAFE
LINK TO WORKSAFE ANNOUNCEMENTS
This Photo by Unknown Author is licensed under CC BY-NC-ND
QUESTIONS YOU FORGOT TO ASK:
HUMAN RIGHTS CONSIDERATIONS AND DISCRIMINATION
Legislation has not been placed aside or made lenient during the COVID-19 crisis
Differential treatment of employees
PRIVACY AND PROTOCOL
What information must be shared between
employer and employee?
a medical diagnosis
non-medical factual evidence
The rules relating to an employer’s collection of employee medical information is contained in PIPA.
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QUESTIONS YOU FORGOT TO ASK:
CONTRACTS, LEASES, AND AGREEMENTS DURING COVID-19
As courts continue to limit their operations to only urgent matters, the ability for commercial landlords to effect lease terminations will be greatly constrained legally, practically and by virtue of public policy considerations.
INSURANCE
Business interruption insurance?
Consult your Broker
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Force Majeure
Frustration
War, Natural Disaster, State of Emergency
THANK [email protected]
HTTP://DEERLAKELAW.CA
THIS PRESENTATION AND ALL RELATED CONTENT IS COPYWRITE AND NOT FOR PUBLICATION, REPRODUCTION OR DISTRIBUTION WITHOUT CONSENT OF THE AUTHOR.
THIS PRESENTATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.