Top 3 Questions BC Employers Are Asking About the Post-Pandemic Workplace
We have been inundated with questions these past few months regarding employer rights and responsibilities as workplaces prepare for the new post-COVID reality. Here is a round-up of resources we have found helpful to answer the top 3 questions BC employers are asking about the post-pandemic workplace:
1. Can an employer require employees to get a COVID vaccination? Can an employer ask if an employee has been vaccinated?
The simple answer to both these questions is “no”; however, the more nuanced answer is that it depends on the circumstances of the situation. Employers should be looking for less personally intrusive ways to ensure employee health and safety rather than requiring vaccinations. What layers of protection can be implemented or can continue to be used to achieve the same end result (e.g. masks, physical distancing, etc.)? Also, vaccination information is private and confidential medical information, which employers would not normally be asking employees to disclose, especially as it could disclose additional personal information related to why an employee may not have received a vaccine.
This article from McCarthy Tetrault provides helpful legal insight in answering these questions.
The best guidance we can provide is to follow public health guidelines and requirements to ensure the workplace is safe. If personal information is obtained, safeguards need to be in place to protect the collection, use and disclosure of that information.
2. When should an employer advise employees that they are expected to return to the workplace?
Starting your communication plan early is critical to the success of employees returning to work once public health restrictions are lifted. Some employees may want to continue working from home; some may want to return to the office immediately. Employers should be determining their operational requirements for staffing in the workplace such as:
When employees are expected to return to the workplace.
What percentage of employees are required in the workplace at any one time.
What provisions, if any, will be in place for a hybrid work from home/work from office arrangement.
What health and safety measures will be in place at work.
What provisions will be in place if employees need to remain at home due to COVID-related restrictions or family obligations.
Once operational requirements are established, communicate plans to employees prior to implementation to get their feedback and to answer any questions. This will help employers to understand any concerns employees may have and to develop plans or contingencies to address those concerns.
Some additional information can be found in this article from McCarthy Tetrault on returning employees to work.
3. What should go into a work from home policy?
In a prior post, we discussed a number of considerations in developing a work from home policy.
Your remote work location, if allowed, is an extension of your office work location. That being the case, employers have an obligation to ensure that the remote work location is healthy, safe and suitable for work. WorkSafeBC has a number of resources available for employers.
Expectations for employees working remotely also need to be very clearly established and communicated in order to limit confusion and ambiguity, and to ensure a clear understanding of how is to be carried out going forward.
As your workplace transitions to a “new normal,” please reach out to us if you have any HR questions that we can help answer.
