Manager’s Guide on Human Resources Issues During a COVID-19 Pandemic

• 7.2.1  What should an employee do if they are experiencing COVID-19-like symptoms such as fever, cough or difficulty breathing?

  If an employee is experiencing COVID-19-like symptoms at home, such as fever, cough or difficulty breathing, or pneumonia in both lungs, they should generally not go to work. These employees must advise their team leader or manager of their absence.

  Employees who experience these symptoms while at work, should immediately leave the workplace, contact their health care provider or local healthy authority, and follow-up with their team leader or manager as soon as possible. The manager should request enhanced cleaning services (Annex F).

  However, in certain instances, the manager may use their discretion to allow an employee to continue to report to work (e.g. the employee had previously shared that they have a condition, such as allergies or bronchitis, that results in coughing). Management should be aware that by keeping the employee in the workplace this may increase other employees' anxieties. As such, while maintaining the employee's privacy is of importance, general messaging and reassurance are recommended.

  You will advise the employee to keep in regular contact with you, during their absence, in accordance with established office practices.

  Prior to returning, employees must contact their manager to discuss reintegration. Employees must not return to work until they are no longer exhibiting COVID-19-like symptoms, feel well enough to participate in all activities, and/or before a return date has been identified by a public health authority, if applicable.

• 7.2.2 What should an employee do if they observe COVID-19-like symptoms in a colleague?

  Anytime someone has COVID-19-like symptoms, they should generally not be in the workplace. If an employee observes COVID-19-like symptoms in a colleague, they are encouraged to approach their team leader or manager, who should contact the potentially ill employee to discuss their symptoms (i.e. are they feeling ill, are the symptoms related to allergies, asthma, etc.). Should it be determined that the symptoms could be linked to COVID-19, the employee should be directed to go home and to contact their health care provider and local health authority.

  The manager should request enhanced cleaning services (Annex F).

• 7.2.3  Can an employee request to stay home due to a fear of being infected or exposed to COVID-19 in the workplace?

  It is important to note that PHAC and Health Canada are not recommending self-imposed isolation as a preventative measure to COVID-19. Employees are responsible for following their management's directions regarding reporting to work and workplace health procedures in the context of COVID-19. Employees may have personal circumstances which make them more vulnerable to infection and which may need to be accommodated. Communication between employees and managers is essential.

• 7.2.4  What if an employee is at work and is not exhibiting COVID-19-like symptoms, but has concerns for their health and safety?

  Employees who are not exhibiting signs of illness are expected to report to work and are encouraged to address any questions or concerns with their team lead or manager. Employees should also be reminded that the Employee Assistance Program is available to provide additional psychological support if required.

• 7.2.5  Are employees expected to complete an injury report or workers’ compensation form as a result of becoming ill with COVID-19?

  A. Injury Report: If an employee becomes ill with COVID-19 and has accessed the workplace in the 14 days prior to the COVID-19 test or the onset of symptoms, whichever is earlier, you must follow the established steps in the procedures for Responding to Suspected or Confirmed Cases of COVID-19 in the Workplace.

  In such cases, you must complete a Hazardous Occurrence Investigation Report (LAB 1070), as the presence of COVID-19 would constitute a hazard in the workplace. The investigation should focus on the hazard in the workplace and the corrective measures to prevent a reoccurrence.

  If the employee did not access any workplace in the 14 days prior to the COVID-19 test or onset of symptoms, or if the employee’s illness is not linked to, or reported as, a workplace incident, then you are not required to investigate the incident or complete the forms noted above.

  B. Workers’ Compensation Board (WCB) Claims: An employee may submit a claim to their provincial WCB according to the process in place if they believe they contracted the virus at work or during their work functions.

  If the employee submits a claim, the manager must complete and submit an employer’s report. Any enquiries on this process can be sent via the HRSC portal through a General HR Enquiry Form, under Disability Management and Workers Compensation.

  Provinces have varied approaches for assessing the COVID-19 claims and claims will be adjudicated on a case-by-case basis.

  If employees are unable to work as a result of COVID-19 refer to the Practical Guide on the Use of Leave With Pay for Other Reasons (699) which provides the various scenarios available to manage the situation.

• 7.2.6  What should be done if an employee comes to work or is at work and is demonstrating COVID-19-like symptoms?

  If the employee is in the workplace and exhibiting COVID-19-like symptoms (i.e. fever, cough, difficulty breathing or pneumonia in both lungs), you should contact the potentially ill employee to discuss their symptoms (i.e. are they feeling ill, are the symptoms related to allergies, asthma, etc.). Should it be determined that the symptoms could be linked to COVID-19, the employee should be directed to go home and to contact their health care provider and local health authority.

  You will advise the employee to keep in regular contact with you, during their absence, in accordance with established office practices. Employees must not return to work until they are no longer exhibiting COVID-19-like symptoms, feel well enough to participate in all activities, and/or before a return date has been identified by a public health authority (if applicable).

• 7.2.7 Is there a requirement to increase the cleaning of an employee’s workstation during a pandemic?

  Increased cleaning of individual workstations, or of workstations shared by people who are healthy, is not a regular practice. As such, encourage employees to continue to keep their workplaces clean as part of regular general office cleaning practices.

  During a pandemic, the department has increased cleaning to equipment in high-touch zones in Service Canada Centres, such as Client Access Workstations and public telephones.

  In the case of an employee becoming ill during the day, enhanced workstation cleaning is required and must be requested. Please refer to Procedures for Requesting Enhanced Disinfecting and Cleaning for Suspected or Confirmed COVID-19 Cases) (Annex F).

• 7.2.8  What do I do if the employee who is exhibiting symptoms, consistent with COVID-19, refuses to leave the office?

  The responsibility to ensure the health and safety of all employees is a shared responsibility and does not lie solely on the manager. Employees also have a responsibility to take reasonable and necessary precautions to safeguard other employees, in accordance with CLC-II, subsection 126(1).

  Symptoms include fever, cough, difficulty breathing or pneumonia in both lungs.

  In such a situation, you should explain your obligation and that of the employee to protect all employees and that leaving the workplace is the best approach given the possible risk of spreading the virus. 

• 7.3.1  Should a workplace be closed if there are not enough First Aid Attendants to meet the requirements?

  No. An insufficient number of First Aid Attendants is not a valid reason for closing a workplace.

  If your work section or workplace is experiencing a shortage of available FAAs, please refer to OHS Bulletin 20-001 for options to address the shortage during the pandemic.

• 7.3.2  Is the manager/supervisor obligated to pay for transportation of an employee who becomes sick at work?

  Yes. When immediate medical attention may be required, the employee must be promptly referred to a medical treatment facility, and the Department must ensure that suitable transportation and escort, if required, is arranged. Any ambulance or other transportation costs will be covered by the department, in accordance with ESDC’s First-Aid Program Guide (PDF, 708 KB).

  Note: The manager with appropriate financial authority delegation will have to complete a Requisition for Payment form (FIN2865) (PDF, 115 KB) to arrange payment for all ambulance costs. The appropriate GL Coding to include in the form is 533521.

• 7.4.1  What is the difference between isolation, self-isolation, quarantine and self-monitoring?

  Isolation is recommended for a symptomatic individual that is suspected of having, or known to have, COVID-19. They are directed to isolate themselves, by a public health authority, in the home-setting and avoid contact with others until advised.

  Self-isolation is recommended for an asymptomatic person when they have a higher risk of exposure to COVID-19, through close contact with a symptomatic person or their body fluids. They are asked to self-isolate in the home-setting to avoid contact with others.

  Quarantine is the imposed separation or restriction of movement of individuals, groups or communities, for a defined period of time and in a location determined by the public health authority.

  Self-monitoring means monitoring yourself for fever, cough and difficulty breathing and avoiding places where you cannot easily separate yourself from others if you become ill.

  Source: Community-based measures to mitigate the spread of coronavirus disease (COVID-19) in Canada

• 7.4.2 When would an employee be expected to isolate, self-isolate, be quarantined or self-monitor?

  An employee would normally be asked to isolate, self-isolate or self-monitor when recommended to do so by a public health authority, whereas a quarantine would be imposed.

  All travellers returning to Canada should isolate, self-isolate or self-monitor for 14 days upon their return.

  Refer to the travel advice section on Canada.ca/coronavirus for the current restrictions and advisories, or follow the advice of your public health authority.

  Please refer to Responding to Suspected or Confirmed Cases of COVID-19 – Quick Reference Chart (PDF, 560 KB) for a list of workplace OHS scenarios that may apply.

• 7.4.3  What steps should one take to limit contact with others?

  • Do not leave home unless absolutely necessary, such as to seek medical care.
  • Do not go to work or other public areas and do not use public transportation (e.g., buses, taxis).
  • Arrange to have groceries and supplies dropped off at your door to minimize contact.
  • If possible, stay in a separate room and use a separate bathroom from others in your home.
  • If you have to be in contact with others, keep at least 2 metres between yourself and the other person. Keep interactions brief and wear a mask.
  • Avoid contact with older adults and with individuals with chronic conditions or compromised immune systems.
  • Avoid contact with pets if you live with other people who may also touch the pet.

• 7.5.1  What can employees who deliver in person services do to protect themselves?

  When engaging with clients at in-person points of service, employees should continue to follow established general precautionary measures. Additional services are in place for Service Canada Centre employees.

• 7.5.2  How can employees keep Client Access Work Stations (CAWS) and biometric equipment safe for clients and employees?

  Service Canada Centres will supply disinfectant wipes for clients with instructions in regards to CAWS and biometrics equipment.

• 7.5.3  During a pandemic, what additional steps should managers take to prepare employees to screen incoming clients?

  During a pandemic, managers and team leaders of Service Canada Centres must refer to the Procedures for Triaging Service Canada Centre Clients (shared March 13, 2020) to inform their employees of the enhanced procedures to follow when serving in-person clients.

• 7.5.4  Can an employee refuse to serve a client whom they believe is sick?

  Normally, we do not refuse service to clients. During a COVID-19 pandemic, however, as a manager, you must provide your employees with direction on appropriate measures to protect their health and safety and to stop the spread of disease in accordance with the advice from PHAC.

  Posters have been distributed and posted in Service Canada Centres directing clients to access other service channels, such as online or by phone. If clients are experiencing COVID-19-like symptoms, or were asked to isolate or self-isolate, they can be directed to return home.

  You must continue to remind employees that they should approach you at any time they feel that their health and safety is at risk.

• 7.7.1 What do I do if an employee who is at work and is not exhibiting COVID-19-like symptoms, expresses concern for their health and safety?

  Employees who are not exhibiting signs of COVID-19 are expected to report to work. Reiterate that ESDC is keeping informed of measures to ensure that the workplace is healthy and safe and that the following simple steps to prevent the spread of COVID-19, recommended by PHAC, have been shared with all employees:

  • Wash hands thoroughly in warm soapy water for at least 20 seconds or use of alcohol-based hand sanitizer if water and soap are not immediately available;
  • Avoid touching eyes, nose and mouth with unwashed hands;
  • Practice proper cough and sneeze etiquette. Cover your mouth and nose with your arm or a tissue to reduce the spread of germs. Remember if you use a tissue, to dispose of it as soon as possible and wash your hands afterwards;
  • Keep common surfaces clean;
  • Stay home if you are sick;
  • Avoid close contact with people who are sick;
  • Keep a distance of at least 2 arms-length (approximately 2 metres) from others;
  • Consider alternative forms of greeting someone, other than shaking hands; and,
  • Clean and disinfect your workstation regularly.

  If you have COVID-19-like symptoms and are pregnant, have underlying health problems, or if your symptoms get worse, contact your health care provider.

  You should remind employees of the Employee Assistance Program (EAP) counselling services available, if required, at 1-800-268-7708 (24/7) or 1-800-567-5803 (TDD).

• 7.7.2  What do I do if I receive an OHS Complaint related to COVID-19?

  An employee who believes that there has been a contravention of the Canada Labour Code, Part IIor that there is likely to be an accident or injury to their health arising out of, linked with or occurring in the course of employment, has the right to make a complaint to their supervisor.

  You should attempt to resolve the matter by speaking with the employee. You must also consult your Regional OHS Advisor for guidance.

  If you and the employee are not able to resolve the matter, an investigation involving a health and safety committee member or health and safety representative is required, in accordance with the Internal Complaint Resolution Process.

  If the parties are unable to resolve the complaint internally, a Labour Program Health and Safety Officer may need to be contacted to investigate the complaint.

For more information, refer to the COVID-19 Vaccination Requirements in the Federal Public Service section of ESDC's Guide to Returning to the Workplace.

• 7.9.1  Is there a vaccination for COVID-19?

  Health Canada has approved certain vaccines for use in Canada. In most cases, provinces and territories are responsible for the detailed vaccination rollout plans for their residents, based on priority high-risk population groups. Vaccination has started and will be expanded to the entire population, free of charge, throughout 2021 as vaccine supply increases.

  For more information about COVID-19 vaccines, consult Overview: Coronavirus disease (COVID-19) vaccines - Canada.ca.

• 8.1.1 In the event of an emergency, can managers require employees to perform tasks outside of their regular duties or work outside of their headquarters area?

  Management has the right to assign duties, as deemed necessary, including tasks outside of the employee's regular duties and outside of their headquarters area. Every step should be taken to ensure that, where employees are being asked to perform a task, they are:

  • properly trained to perform the assigned duties;
  • delegated appropriate authority;
  • informed of hazards and measures in place to reduce or eliminate the hazard;
  • provided with the appropriate personal protective equipment (if applicable);
  • not being put at undue risk;
  • maintaining their current salary level if the reassigned duties are at a lower classification level; and
  • adequately compensated if the reassigned duties are at a higher classification.

  If the employee has a Duty to Accommodate measure in place, this must be considered for the tasks they are required to perform.

• 8.1.2 If an employee is asked to report to another work location within their headquarters area (within 16 KM of workplace), will the department pay for parking?

  The National Joint Council Travel Directive applies when traveling within the employee's headquarters area (within 16 KM of workplace).

  Prior to traveling, the manager must authorize the mode of transportation (e.g. bus, taxi, private vehicle) based on cost, duration, convenience, safety and practicality.

  When an employee is authorized to use their private vehicle, parking will be reimbursed as follows:

  • If temporary change in work location is less than 30 consecutive calendar days, parking will be reimbursed.
  • If temporary change in work location is 30 calendar days or more:
    1. parking is not reimbursed if the employee received 30 days prior notice of the change in workplace; otherwise;
    2. parking is reimbursed for a maximum of 60 calendar days.
  • If the temporary change is for an unknown period and no notice has been provided, parking is reimbursed for a maximum of 60 calendar days.

  Note: Receipts are only required for expenses in excess of $12.

  For additional information, managers and employees may refer to Sections 1.9 and 3.1.11 and Appendix B and C of the National Joint Council Travel Directive.  It is also suggested to liaise with the Departmental Travel Coordinator through the IDTC Request Gateway before making any arrangements.

  For reimbursement of such costs, please refer to the Travel section on iService.

• 8.1.3 If an employee is asked to report to their work location, will the department reimburse transportation costs?

  Employees are responsible for the costs and means of transportation to and from their permanent place of work, as per the Terms and Conditions of employment. As such, employees can choose the mode of transportation that best suits their needs.

  At the onset of the Covid-19 pandemic, due to reduced availability of public transportation and safety concerns, a temporary exception was made where under specific circumstances, employees providing a critical function/service could be reimbursed for some transportation costs. The manager was responsible to preauthorize the mode of transportation (e.g. bus, taxi, private vehicle) based on reasonability of costs, duration, convenience, safety and practicality. As services resume with public health and safety measures in place, reimbursements for these transportation costs will cease effective September 1, 2020. Managers can determine if these reimbursements should cease prior to that date, based on operational and geographic circumstances.

• 8.1.4 If an employee is asked to report to another building, within their headquarters area (within 16 KM of workplace), will the department provide the transportation or pay for travel to this new location?

  The duration of the workplace change and the advance notification will determine the travel expenses that will be reimbursed in accordance with the National Joint Council Travel Directive:

  1.9.1 When an employee is asked to report from a permanent workplace to a temporary workplace for a period of less than 30 consecutive calendar days, the provisions of this directive shall apply.

  1.9.2  When an employee is asked to report from a permanent workplace to a temporary workplace, for a period of 30 consecutive calendar days or more, the provisions of this directive shall apply unless the employee is notified, in writing, 30 calendar days in advance of the change in workplace. In situations where the employee is not notified of a change of workplace in writing, the provisions of the directive shall apply for the duration of the workplace change up to a maximum of 60 calendar days.

  If the conditions of 1.9.2 are not met, transportation shall be provided to the temporary workplace, or the kilometric rate paid for the distance between the home and the temporary workplace, or between the permanent workplace and the temporary workplace, whichever is less.

  It is also suggested to liaise with the Departmental Travel Coordinator before making any arrangements.

  For reimbursement of such costs, please refer to the Travel section on iService.

• 8.1.5 Due to the use of the departmental fleet of vehicles being suspended, can critical employees be reimbursed for the use of a personal vehicle or a rental car to perform critical duties?

  Should an employee who provides a critical function/service require the use of a vehicle to perform governmental critical duties, the cost will be reimbursed. The use of a personal vehicle should be considered over other options, including rental cars.

  Prior to traveling, the manager must authorize the mode of transportation based on reasonability of costs, duration, convenience, safety and practicality.

  For additional information, managers and employees may refer to Section 3.1.11 and Appendix B of the National Joint Council Travel Directive for eligible expenses and kilometric rates. For additional questions, please contact the Gateway for Travel Support or call the ESDC Travel Helpline 1-855-684-7827 (option 1).

• 8.2.1 When should acting pay be provided to employees?

  Most job descriptions expect a certain percentage of work to be performed under other related duties and as such would be considered to be at level to the employee’s substantive level. Managers are encouraged to discuss this with their employees and to seek advice from their HR Advisor should the need arise.

  Acting pay should be provided to employees who are requested to perform duties at a higher level than their substantive position, for the duration of the acting period, in accordance with the provisions of the appropriate collective agreement and/or terms and conditions of employment.

• 8.2.2 Can employees be required to perform duties at a lower level?

  Yes, employees can be required to perform duties at a lower level than their substantive position. However, they will continue to receive their regular salary for the duration of the COVID-19 pandemic.

• 8.3.1 Are managers authorized to change their employees’ hours of work?

  Managers have the right to assign hours of work as per the provisions of the appropriate collective agreement and/or terms and conditions of employment. In addition, as a precautionary measure, management may stagger the hours of work of their employees. Managers should discuss any changes to the hours of work with their employees.

  Managers are also responsible for ensuring that employees are not put at any additional risk as a result of a change in their work schedule.

• 8.4.1 Can managers require employees to work overtime?

  Managers have the authority to request employees to work overtime due to operational requirements. In such circumstances, options such as voluntary overtime or standby status should first be considered. Should an employee be required or volunteer to work overtime, the appropriate provisions of their collective agreement and/or their terms and conditions of employment, would apply.

• 8.4.2 Can overtime be assigned to an employee during the same day on which Leave with Pay for Other Reasons (699) has been granted?

  An employee could be authorized to work in excess of their scheduled hours if they have not been granted Leave with Pay for Other Reasons (699) on the same day.

• 8.5.1 Who decides if an office should be closed?

  The decision to close offices during a pandemic rests with the Chief Operating Officer of Service Canada in consultation with ADMs and on the advice of HRSB, CFOB, PHAC, TBS, PSPC and other stakeholders. Office closure scenarios for COVID-19 are outlined in procedures for Responding to Suspected and Confirmed Cases of COVID-19 in the Workplace.

• 8.5.2 What happens to employees, casuals, students and terms of less than three months in case of an office closure?

  In the event of a temporary office closure, you are strongly encouraged to consider alternative work arrangements. Employees who have remote access (e.g. Virtual Private Network) should be encouraged to telework. For those who do not have remote access, training through Saba and/or GC Campus should be considered.

  If remote work is not possible, all affected employees (including casuals, students, terms of less than three months and part-time workers) should continue to be paid for their regularly scheduled hours of work during the period of these office closures. Employees in acting situations at the time of the office closures continue to be paid at their acting level.

• 8.5.3 What happens to temporary agency personnel and contractors in case of an office closure?

  In the event of an office closure, temporary agency personnel and contractors should contact their employer to obtain further information and clarification on their individual situation. The obligations of the department to the temporary agency or the contractor, if any, must be determined in accordance with the contract for services.

• 8.5.4 As a manager, if I instruct an employee not to report to work due to an office closure, does the employee have to submit a leave form?

  No. Employees are not required to submit leave forms for periods where management has suspended normal business operations. This is not limited to indeterminate employees, but also includes employees hired on a term basis, casual employees and students.

  This does not apply to temporary agency personnel and contractors. They should contact their agency for further information and clarification of their situation.

• 8.5.5 If employees use the daycare that is in a government building that is presently closed, will the department reimburse daycare costs?

  No. Daycare costs would not be reimbursed. The employer is not responsible for any costs associated with daycare. In addition, employees are responsible to make alternative day care arrangements during a COVID-19 pandemic.

• 8.6.1 What is a critical service?

  A critical service is a service, which if compromised in terms of availability or integrity, would result in a high degree of injury to the health, safety, security or economic well-being of Canadians, or to the effective functioning of the Government of Canada and must be continuously delivered (has no or very limited downtime). Source: Public Safety Canada

• 8.6.2 Is ESDC still focused on only delivering critical services?

  No. While ESDC has reactivated most of its services, the department continues to prioritize activities focused on delivering critical services to Canadians.

  This means that some employees will need to be in the workplace while others will continue to  work remotely. At this time, access to our workplaces will continue to be restricted to employees providing critical services who are not able to carry out their work remotely and are approved to be in the physical workplace.

  Please note that employees who are providing non-critical services may be reallocated to assist with critical services as required.

• 8.6.3 What direction should be given to employees who are providing non-critical services?

  Employees who are performing non-critical functions/services are not expected to report to the workplace, and managers must consider flexible work arrangements (e.g. remote work; training through Saba and/or GC Campus; other work that can be performed off network) for these employees.

  In the event that an employee providing non-critical services is not able to work remotely as per the above guidelines, Leave with Pay for Other Reasons (699) may apply, following consultation with Labour Relations. However, the employee must remain available as they may be reallocated to assist with critical services or in the event that their work duties change from non-critical to critical.

• 8.6.4 If an employee is asked to use their personal phone, will the department reimburse long distance costs?

  Personal phones should not be used to conduct departmental operations.

  It is not expected that employees will incur any additional long distance costs while working from home. The use of technology and alternate methods of communication (e.g. toll-free teleconference line, email, Skype, MS-Teams) should be used.

  For additional information on how to request a departmental device, please submit a request to the National Service Desk.

  In exceptional circumstances, incremental long distance costs may be reimbursed.

  A manager must approve, in writing, any long distance costs before they are incurred. The department will reimburse long distance costs for the duration of the COVID-19 pandemic only.

  To obtain more information about the Departmental payment process (operation & maintenance) please refer to the iService Roadmap.

  • Complete form FIN2865 and include earmarked fund (commitment) for expense to be paid
  • Attach any supporting documentation for the payment such as the approval forms and receipts
  • To submit your payment request, or inquire about a payment status, refer to the Payment Request page
• 8.6.5 If an employee is asked to work from home, will the department reimburse the internet costs?

  For employees providing critical services:

  • If no internet connection is available or the employee's home Internet plan limits critical government work, an alternative connection approach can be provided to the critical employee who provides critical functions/services, such as a portable internet connection (i.e. mobile stick or cellular phone "hot spot").
  • In exceptional circumstances where a portable internet connection cannot be provided, the incremental internet cost incurred to perform critical government activities will be reimbursed. The manager must approve the incremental internet costs before they are incurred. The department will reimburse the incremental internet costs for critical employees asked to work from home for the duration of the COVID-19 pandemic only.
  • For more information on how to request an alternative Internet connection, such as a portable internet connection, please submit a request to the National Service Desk.

  For employees providing non-critical services:

  It is not expected that an employee who is providing non-critical services will incur any additional internet costs while working from home. For additional information, see What direction should be given to employees who are providing non-critical services?.

  In exceptional circumstances, incremental internet costs may be approved.

  A manager must approve, in writing, any incremental internet costs before they are incurred. The department will reimburse the incremental internet costs for employees asked to work from home for the duration of the COVID-19 pandemic only.

  To obtain more information about the Departmental payment process (operation & maintenance) please refer to the iService Roadmap.

  • Complete form FIN2865 and include earmarked fund (commitment) for expense to be paid
  • Attach any supporting documentation for the payment such as the approval forms and receipts
  • To submit your payment request, or inquire about a payment status, refer to the Payment Request page
• 8.6.6 If an employee is asked to work from home, will the department reimburse the cost for supplies (e.g. paper, pens, etc.)?

  Given that employees working remotely are equipped to work electronically, the need for office supplies (e.g. paper, pens, etc.) is not expected to be as great. As such, the Department will not reimburse the cost of office supplies for home use.

  If additional supplies are required, an employee should discuss their specific needs with their manager. If deemed necessary to perform their functions, managers can use an acquisition card to purchase the supplies. Managers must also determine the most cost effective and safest way to get the supplies to their employees who are working remotely.

  As addition, as sites implement the Enhanced Clean Desk Guidelines, employees may take home office supplies remaining at their workstation, as these should not be returned to the supply cabinet.

  Established protocols for procuring or retrieving such supplies must continue to be followed, including protocols for accessing the workplace.

• 8.7.1 What is the difference between telework and remote work?

  Telework is a flexible work arrangement that adheres to the Treasury Board Directive on Telework and subject to specific standards that must be included in a telework agreement. Telework is a voluntary arrangement where employees have pre-approval to carry out some or all of their work duties from a telework location on a full-time basis, part-time basis or on an ad-hoc basis.

  Remote work is a term used to describe work being accomplished in a remote location, which may be used as a temporary measure during unforeseeable circumstances, such as pandemics, states of emergencies and inclement weather. The current unique and unprecedented situation is best described as working remotely.

• 8.7.2 Should variable hours (i.e. compressed schedule) be approved or continued if the employee is using Leave with Pay for Other Reasons (699)?

  Ongoing discussions should occur between managers and their employees to determine if flexible working arrangements (i.e. compressed schedule) can be facilitated. Managers should take in consideration a number of factors such the employee’s individual circumstances, past practices and operational requirements.

  Both managers and employees share the responsibility of minimizing absences from work in order to minimize the need for Leave with Pay for Other Reasons (699). Employees must make sincere efforts to mitigate the negative and unintended consequences of the COVID-19 pandemic and routinely communicate these efforts to their managers. For more information, please consult the infographic on Variable Hours and Leave with Pay for Other Reasons (699).

• 8.7.3 Can a manager approve an employee’s request for hoteling?

  Yes. Hoteling situations, or allowing an employee to work from another ESDC office, should be permitted where it is deemed as an appropriate measure during a pandemic. Hoteling allows direct access to the departmental network and reduces demand on the use of the Department’s IT network infrastructure capacity.

• 8.7.4 Can I approve an employee’s request to telework?

  As employees are returning to the workplace, they may request to telework. As such, normal business practices are to be followed and managers must review and approve, where appropriate, any request to telework.

• 8.7.5 During a pandemic, could a telework situation under a Duty to Accommodate (DTA) be affected due to ESDC’s IT network infrastructure?

  Yes. To ensure the continued service delivery, priority is given to employees who perform a critical function. As such, you would be required to review the Duty to Accommodate situation and determine what, if any, duties the employee could continue to perform without a VPN access (e.g. Saba and GC Campus are accessible outside of the departmental network).

  If management determines that all duties of the telework employee require remote access and no other alternative solutions to address the Accommodation are available, Leave With Pay for Other Reasons (699) may apply, following consulations with Labour Relations, until the restrictions are lifted.

• 8.7.6 Can employees work on sensitive / protected / classified information while teleworking?

  Employees who telework can only work on information up to Protected B and cannot work with Protected C or Classified information at their telework location.

  Managers must refer to the Departmental Telework Directive regarding employees who handle personal citizen information and who wish to telework.

  Any Protected B information (electronic or paper) must be handled at the telework site in accordance with the Information Categorization Tool

  Teleworking employees must also complete the Remote Work / Telework Security Attestation Form (PDF, 111 KB) (opens new window) prior to entering into a telework agreement with their Manager.

  Managers should assist employees on the aspects of safe custody and control of sensitive information, and make the necessary arrangements for employees to meet their obligations, when working away from the designated workplace.

  For more information, refer to Security Measures and Personal Safety while Teleworking or contact your Regional Security Officer.

• 8.7.7 How do I Equip Employees to Work from Home?

  1. Is the Department obligated to provide employees with ergonomic equipment?
     • Employees should implement general ergonomic principles to the best extent possible given their available furniture and workspace layouts. In most cases, employees working from home will be able to achieve a good ergonomic set up with furniture, equipment and supplies available to them in their home. General ergonomic tips for working from home are available to help employees appropriately set up their home work space.
  2. Are employees allowed to take equipment home?
     • Yes. Employees (both critical and non-critical) requesting to bring equipment home to support their work-from-home situation must receive managerial approval and complete the Loan of Departmental Equipment form ESDC-ADM3004. IT assets must be approved at the manager level in accordance with the ESDC Personal Computing Devices Directive. Employees can send the completed form electronically to their manager to obtain approval. Managers should retain copies of the forms to be able to confirm that assets are returned to the office once business resumes as usual.
     • Employees may have to show proof of approval to remove the items. They can present the form and e-mail confirmation from their manager, or show an electronic version using their departmental phone or tablet, if applicable.
     • Please review the additional questions for further guidance, including Can employees return to the workplace to retrieve items?.
  3. What equipment can employees take home?
     • For security and safety reasons, desktop computers, desk (VOIP) phones, and work surfaces, such as sit/stand desks, are not to be removed.
     • Loan of Departmental assets should be limited to items absolutely required for employees to effectively work from home, and is based on an employee's specific needs, such as chair, keyboard, mouse, monitor, monitor riser, foot rest, or document holder.
     • The manager should approve and track assets, as outlied in Are employees allowed to take equipment home?, to ensure the return or appropriate disposat once no longer in use or when the employee returns to the office.
  4. What precautions should be taken by employees when moving equipment?

     It is expected that employees are retrieving only assets that they can safely move themselves without assistance. When moving assets and equipment, employees should take the following precautions to avoid injury:

     • Gauge the weight of the load before attempting any lift;
     • Do not lift a load you cannot handle;
     • Do not carry more than you can manage for the entire distance;
     • Lift with your legs rather than your back;
     • Hold the load close to your body;
     • Carry with two hands to distribute the weight and stabilize the load;
     • When carrying with one hand, alternate hands along the way;
     • Push with the strength of your legs. Your arms do not have the muscle mass or power of your legs. As much as possible, avoid using your lower back to push things;
     • Change direction while pushing by moving your feet to turn your body. Never twist the torso, as this puts undue stress on your lower back and knees;
     • Adjust the position of your hands so that you are pushing at a height that is between your waist and lower chest; and
     • Stand erect when pushing. Leaning forward when pushing is an indication that the weight is more than you can handle.
  5. Can employees return to the workplace to retrieve items?
     • Employees returning to the workplace to retrieve items put themselves and other employees in the workplace at increased risk of infection. Retrieving equipment and furniture from the workplace should be evaluated on a case-by-case basis.
     • Situations of DTA should be evaluated on a case-by-case basis and it is recommended that managers discuss with their Human Resources Advisors.
     • Employees must only access those areas of the workplace that are necessary to retrieve their equipment.
     • Access to offices varies from to site-to-site and employees must receive approval from their manager on the time to enter the office in order to:
       • Ensure access is permitted and that the building is not closed. In the event that an office has been closed due to COVID-19 exposure, employees will likely not be able to enter to retrieve their equipment.
       • Identify an appropriate time to enter the building in order to respect physical distancing protocols.
       • Be aware of any requirements for disarming building alarms, if required.
     • Should multiple team members need to retrieve items from the same workplace, it would be prudent to coordinate the times of when employees are retrieving assets. This will limit the number of persons re-entering the workplace at the same time and reduce the overall risk of exposure.
  6. What if the employee cannot access the workplace?
     • Employees should discuss with their managers any barriers to accessing the workplace. If a critical employee cannot access their workplace to retrieve their equipment, managers may authorize, arrange and pay for shipping of items to the employee's home.
     • In exceptional circumstances, such as border restrictions or permanent office closure, if a critical employee cannot access their workplace to retrieve existing assets, managers may consider procuring additional items through regular procurement processes and having them delivered directly to the employee. Managers should consult with their procurement specialists on appropriate procedures.
     • Situations of DTA should be evaluated on a case-by-case basis and it is recommended that managers discuss with their Human Resources Advisors and/or the Accessibility Centre of Expertise for other available options.
• 8.7.8 What if an employee working from home is unable to connect remotely via VPN or AppGate?

  1. What steps should employees working from home take to connect remotely?

     If an employee who has the necessary tools to connect is unable to access the network via VPN or AppGate:

     • The employee should try to reboot the computer and try to reconnect to VPN or AppGate.
     • If the employee is unable to connect, the employee should visit the external web page for self-service support. If the problem persists, they should call the National Service Desk (NSD) at 1-800-268-0408. Hours of operation for the NSD have been extended (6 a.m. to 11 p.m. EDT Monday to Friday and 8 a.m. to 8 p.m. EDT Saturdays and Sundays). If the employee cannot reach the NSD by phone they can submit the request by email at nsd-esdc-covid19-isn-edsc-gd@hrsdc-rhdcc.gc.ca.
  2. How can an employee access the departmental network through AppGate or AppGate SDP if their office computer is shut down?

  For an employee to connect to the departmental network using AppGate or AppGate SDP from their home computer, their office computer must be powered on.

  If an employee's office computer is shut down, the fastest solution is to ask someone in the office to start the computer. The employee should speak with their manager to identify someone who is at the office location or can go there to start the computer manually.

  If no one is available, a National Service Desk (NSD) technician may be able to start the computer remotely or manually. The quickest way to get NSD help is for the manager to submit a request online (the employee or a delegate may open the ticket). Alternatively, NSD can be reached at 1-800-268-0408. Please include the following information in the request:

  • employee's work email address;
  • employee's office computer number; and
  • employee's contact telephone number.

  If the NSD cannot start the work computer, a technician will notify the person who opened the ticket.

• 8.7.9 What direction should be provided to employees working from home when they are unable to connect remotely via VPN or AppGate?

  For employees providing critical services:

  • If the employee is unable to connect after following the instructions from What steps should employees working from home take to connect remotely? and How can an employee access the departmental network through AppGate if their office computer is shut down? The employee must contact their manager to advise them that they are unable to connect and the manager will issue instructions to the employee as to whether:
    • They should continue trying to connect and for how long;
    • They should be reporting to work in person; and/or,
    • They should remain at home and do training on SABA , or perform other work which does not require access to the network.
  • In making this determination, the manager should take into account the following considerations:
    • Whether the connection issue is limited to remote connections or if network connection issues are present in the office as well.
    • The time of day the connection issues occurred with respect to the employee's hours of work (i.e. if towards the end of the employee's workday, the employee may not be able to present themselves to the office before the end of their workday).
    • Whether there are Duty to Accommodate elements with respect to the employee (i.e. if the employee requires accommodations, are the measures in place in the office).
    • Whether appropriate training is available for the employee to follow.
  • The manager must ensure the continuing health and safety of employees (e.g. compliance with the working alone guidelines, ensuring social distancing in the office, etc.). If the employee does not want to report to the office, they can request annual leave. The manager will need to decide whether operational requirements permit for the employee to be on annual leave that day.
  • The delay between the lost connection and the connection at the office or resume connection at home may be covered by Leave with Pay for Other Reasons (699), following consultation with Labour Relations.

  For employees providing non-critical services:

  • The employee must stay at home and try to work on projects offline or work on training via SABA. Otherwise, Leave with Pay for Other Reasons (699) may apply, following consultation with Labour Relations.
  • If the employee is reassigned to critical functions at any point, they must follow the steps identified for critical employees.
• 8.7.10 What provisions are in place to address the reimbursement of parking fees while employees work from home due to emergency situations, such as the current pandemic?

  In accordance with the Custodial Parking Policy and Procedure, PSPC provides parking to meet client departments' minimum operational requirements as well as any additional operational requirements in order to support clients' mandated program requirements. The policy and the procedure do not provide direction on how contracted parking operators should offer services to employees. Please note that PSPC is consulting with TB on this subject and there is no timeline for a response. In the meantime the following information is applicable. Employees will be advised of any developments.

  The Custodial Parking Policy and Procedures do not address the provision of reimbursements in general or due to emergency situations. As each circumstance is unique to individual agreements with multiple parking operators across the country, PSPC is advising that employees who have concerns regarding their monthly parking fees discuss the matter directly with their parking operator. In leased buildings, employees who contract parking directly with the Landlord (or the Landlord's parking operator) must contact the building parking operator for information. For those employees working in NCR and who utilize parking managed by Impark, ESDC has confirmed with Impark that at this time employees cannot suspend their parking but can only cancel and should they cancel, they could be placed at the bottom of the wait list for a parking spot in the future.

• 8.7.11 What documents are required for employees working remotely?

  Employees working remotely are expected to maintain a secure work environment which includes ensuring that security and health and safety requirements are met. They must ensure the safeguarding of government information and follow proper security practices when using IT equipment and departmental network.

  As such, employees who are working remotely must complete the following:

  1. The new PeopleSoft Telework Agreement Module: Employees are asked to capture information regarding the remote work arrangement using this module and to attest to the Remote Work / Telework Security Attestation Form and the Health & Safety Checklist that is part of the module. This also applies to employees who already have completed or renewed the paper and/or electronic version of these forms. A guide is available to help managers and employees enter the necessary information and effectively navigate through the steps.

     Note: Considering that the definition of remote work differs from that of telework, employees who are completing the module in PeopleSoft, in the context of working remotely due to the pandemic, are asked to select the "Working Remotely-Employer Rqst" option as the reason for teleworking and to disregard any references made to teleworking.

     It is important to note that data and addresses that are included in the teleworking module remain exclusively within that module. The data contained in the telework module is not transferred externally to the Government Electronic Directory Services (GEDS) site or any other databases and as such remains protected within the telework module.

     Employees who do not have access to PeopleSoft can complete the following electronic version of these forms. These forms must be completed, signed and kept by both the employee and manager. You might receive an error message when clicking on the links. If so, please be sure to clear your cookies via your web browser.

  • Remote Work / Telework Security Attestation Form (PDF, 111 KB ) (opens new window);
  • Remote Work / Telework Occupational Health and Safety Attestation Form (PDF, 133 KB ) (opens new window); and,
  • Loan of Departmental Equipment Form (PDF, 96 KB) (opens new window): This form must be completed to identify all departmental assets that are provided for use while performing their duties at a remote location. This includes all departmental equipment and assets that have been borrowed from the department (e.g. monitors, laptops, cell phones, office chairs, etc.). This form must be updated each time there is a change of equipment used remotely or a change in the remote work location. A copy of the completed form is to be kept by both the employee and the manager.
• 8.7.12 If an employee is currently working from home, can a manager approve a request to work from a secondary telework location?

  In the current context, since employees' homes have become their primary work locations, secondary locations within Canada can be considered in the same way as conventional ad-hoc telework requests – voluntary in nature and at the employee's request. Employees wishing to telework from a secondary location are responsible to cover any costs associated with it.

  Prior to approving the request, managers should take the following into consideration:

  • The secondary telework location must be suitable from an ergonomic perspective. The manager should take into account whether the employee currently has any ergonomic equipment adjustments at their primary working location (their home) and whether the employee can achieve the same set up at the secondary telework location.
  • The employee must be able to ensure the safeguarding of government information and follow proper security practices when using IT equipment and the departmental network.
  • The manager and employee should discuss any potential and foreseeable network connectivity issues and discuss the proper protocol to follow should connection issues arise.
  • If applicable, management and employees must be aware of and discuss any restrictions/conditions for interprovincial travel that may require the employee to place themselves in quarantine upon return from their secondary telework location. It is not recommended to approve the telework request in situations where this would prevent the employee from reporting to work upon their return.
  • The manager and employee must discuss what equipment the employee will be permitted to take to the secondary telework location. While this may depend on the type of work to be done, in general, this should be limited to the laptop issued to the employee (if applicable). The employee remains responsible for safely transporting the equipment to the secondary telework location.

  To limit the administrative burden and given the current context, a telework agreement form is not necessary at this time. However, employees must complete the following forms for the secondary telework location:

  • a new Remote Work / Telework Occupational Health and Safety Attestation Form (PDF, 133 KB ) (opens new window);
  • a new Remote Work / Telework Security Attestation Form (PDF, 111 KB) (opens new window) form; and
  • a new Loan of Departmental Equipment Form (PDF, 96 KB) (opens new window) (if applicable) .

  Furthermore, the request and approval must be captured in an email between the employee and the manager, which should also include the address of the second telework location for health and safety purposes. These type of arrangements are subject to regular review and can be discontinued at management`s or employee`s request.

• 8.7.13 Can employees claim a deduction for their home office expenses and what is required from managers?

  8.7.13 Can employees claim a deduction for their home office expenses and what is required from managers?

  Employees may be able to claim a deduction for home office expenses. This deduction is claimed on the personal income tax return and reduces the amount of income tax paid.

  Canada Revenue Agency

  Due to the complexity of the Income Tax Act, and the fact that each telework situation is unique, employees should contact the Canada Revenue Agency (CRA) if they have questions. Employees can also find relevant information on the Canada Revenue Agency website, Home office expenses for employees.

  Employees who meet the CRA eligibility criteria have the choice between two methods to calculate their deduction for home office expenses:

  1. The new temporary flat rate method which does not require receipts nor a signed form from the employer.
     Or

  2. The detailed method which requires a signed Form T2200S from their manager. This form is a simplified version of Form T2200 if employees worked from home in 2020 due to the COVID-19 pandemic and choose to use the detailed method to calculate their home office expenses.

     In this situation, a Manager is considered as someone that approves leave and has knowledge of the employee's work situation. This situation does not require the Manager to have financial or human resources delegation. Of note:

     • The employee must complete Part A - Employee Information
     • The Manager must complete and signed Part B - Conditions on Employment

       1. Did this employee work from home due to COVID-19?

          Answer Yes if the employee worked from home in 2020.

       2. Did you or will you reimburse this employee for any of their home office expenses?

          Answer No if the employee was reimbursed for a chair and/or desk as these are not considered home office expenses. Or Yes, if the employee was reimbursed by the employer for other home office expenses such as internet.

       3. Was the amount included on this employee's T4 slip?

          Answer No in most cases but may vary depending on the answer to the previous question.

     • The Manager must complete and sign the Employer Declaration section

       The procedure on how to add a digital signature on a PDF file can be found at the following link: Digital Signatures — How to Guide.

  Revenu Quebec

  Due to the complexity of the Income Tax Act, and the fact that each telework situation is unique, employees residing in the province of Quebec are invited to consult the Revenu Quebec website, COVID-19: FAQ for individuals.

  Employees who meet the Revenue Quebec's eligibility criteria have the choice between two methods for calculating the home office deduction:

  1. The new temporary fixed rate method which does not require receipts or a form signed by the employer. Employees only need to complete Parts 1 and 2 of the Expenses Related to Working Remotely Because of the COVID-19 (TP-59.S-V) form and attach it to their tax return.

     Or

  2. The detailed method which requires employees to comple Parts 1 and 3 of the Expenses Related to Working Remotely Because of the COVID-19 (TP-59.S-V) form along with the General Employment Conditions (TP-64.3-V) form completed and signed by their manager.

     In this situation, a manager is considered as someone who approves leave and has knowledge of the employee's work situation. This situation does not require the Manager to have financial or human resources delegation. Please note that for the TP-64.3-V form:

     1. The employee must complete Part 1 – Identification of the employee
     2. The manager must complete:
        1. Section 2- (please note that the identification number and file fields should be left blank)
        2. Section 3.1 by answering the following question:

           Did the employee's duties and employment contract require the employee to incur expenses to earn employment income or to incur expenses related to working remotely during the COVID-19 pandemic?

           Answer Yes if the employee worked from home in 2020 and then indicate :

           • The employee's period of employment which is the period of time the employee was employed by the employer in 2020 (including the period of working from home).
           • The employee's job title.

     The employee's job title. Sections 3.2 to 3.5 do not need to be completed, go directly to section 3.6 and sign section 4.

  3. Section 3.6 by answering the following questions:

     1. Was the employee required to maintain a home office due to the COVID-19 pandemic?

        Answer Yes if the employee worked from home in 2020 due to COVID-19.

     2. Did the employee have to pay for supplies used directly in carrying out his or her duties?

        Answer No if the employee was reimbursed for a chair and/or desk as these are not considered home office expenses or Yes if the employee paid for office supplies (paper, pencils, ink cartridges, etc.)

     3. Did you or will you reimburse the employee for home office expenses or supplies?

        Answer No in most cases unless reimbursement was made for internet or supplies as an example.

        If yes, are the amounts reimbursed to the employee included in box A of the RL-1 slip?

        Answer No.

  4. Sign Section 4.
• 8.7.14 Can a manager approve an employee's request to telework outside of Canada?

  The decision to allow or not to allow an employee to telework out of the country will be at the discretion of the employee's Assistant Deputy Minister after considering all of the risks, and/or recommendations provided by Security, Labor Relations and Occupational Health and Safety in the overall assessment of the request.

  Refer to Foreign Telework Requests - Procedures for more information.

• 8.8.1 How should leave requests be managed during a COVID-19 pandemic?

  Leave situations must be managed on a case-by-case basis taking into consideration the individual circumstances of the employee. Where employees are unable to report to work due to the COVID-19 pandemic, they must inform their manager of their inability to work and seek approval of the appropriate leave. Please review the Practical Guide for Managers - Use of Leave with Pay for Other Reasons (699) and consult Labour Relations through the Human Resources Service Centre.

• 8.8.2. In situations where Leave with Pay for Other Reasons (699) has been granted, should the leave be entered into myEMS (PeopleSoft)?

  Once it has been determined that Leave with Pay for Other Reasons (699) applies, managers are asked to track it for all employees by identifying the number of hours of leave taken daily by each employee in each of the following sub categories. Please refer to the new PSGuide topic for detailed steps on how to input this leave:

  • COVID Illness:
    • The employee is diagnosed with COVID-19 or displays COVID-19 symptoms. All options should have been considered and relevant paid leave used.
    • Testing for public health purposes (not by personal choice).
    • Period of infection/isolation due to public health request (not related to personal travel).
  • COVID Family care:
    • The employee is caring for a child or dependant as a result of school, daycare or daycare centre and camp closures including: lack of space, exposure to COVID-19; or the need for the child or dependant to be isolated and no alternatives are available;
    • The employee is caring for a child or family member who is ill from COVID-19.

    In all cases, all options should have been considered and appropriate leave with pay used.

  • COVID Technology: The employee is unable to work due to a lack of access to the required technology. This includes a lack of VPN access or lack of work equipment/tools required to perform the duties from home.
  • COVID Work Limitation: The employee is unable to work due to limitations related to network access relative to an organization's Business Continuity Plan, or access restrictions for employees performing non-critical functions.
  • COVID High Risk: The employee is at high risk for severe illness or living with someone who is at high risk for severe illness should they contract COVID-19, as described by the Public Health Agency of Canada, and the employee is unable to work remotely.
• 8.8.3 My employee's remote work location is located in a different province than their office location, what provincial/civic holiday are they entitled to?

  Designated paid holidays are outlined in an employee's collective agreement. Entitlements should not change even though some employees are working remotely. As such, employees remain entitled to a provincial/civic holiday recognized in the province where their position is located in a normal work situation and not during remote work.

• 8.8.4 Are casual employees, students, and term employees of less than three months entitled to Leave with Pay for Other Reasons (699)?

  While students, casual employees and term employees of less than three months are not eligible for Leave with Pay for Other Reasons (699), they may be eligible for the Canada Recovery Sickness Benefit or Canada Recovery Caregiving Benefit.

• 8.8.5 Should a medical certificate be requested to substantiate a request for leave due to illness?

  Although managers may require a medical certificate, consideration must be given to the fact that during the COVID-19 pandemic, physicians may not be readily available to provide medical certificates to justify absences or returns to work. In the absence of a medical certificate, you should consult your employee to determine a time frame for returning to work.

  For long term sick absences, where the employee is currently receiving disability benefits through an Insurance provider, there is no need for the employee to provide a medical certificate to justify their absences. Being in receipt of disability benefits is sufficient for a justification. In terms of an employee returning from the workplace after a long term sick leave, managers must obtain medical information either from the treating physician or the disability insurance provider to confirm that the employee is fit to return to the workplace and to indicate the date of the return to work.

• 8.8.6 Can an employee experiencing stress or anxiety as a direct consequence of COVID-19 and unable to perform their duties for those reasons be granted Leave with Pay for Other Reasons (699)?

  An employee experiencing stress or anxiety as a direct consequence of COVID-19 and, unable to perform their duties for those reasons, should request sick leave (with or without pay).

• 8.8.7 In the absence of a medical certificate confirming a return to work, when can an employee who has been absent due to a COVID-19 related illness return to work?

  According to current PHAC information, it is believed that the contagious period is for fourteen days before the onset of symptoms and continues for approximately seven days after symptoms have started. The time it takes between being infected and experiencing symptoms is between two and fourteen days. More research is being done on how long a person can be infectious (i.e. be able to spread the virus to others).

  If the absence is due to COVID-19, you will advise the employee to keep in regular contact with you, during their absence, in accordance with established office practices.

  Prior to returning, employees must contact their manager to discuss reintegration. Employees must not return to work until they are no longer exhibiting COVID-19-like symptoms, feel well enough to participate in all activities, and/or before a return date has been identified by a public health authority, if applicable.

• 8.8.8 What is the difference between a family status obligation and a preference?

  When employees are requesting accommodation involving their family members, it is important to distinguish between a need that arises due to an obligation and one that arises due to a preference. Jurisprudence has established a test (Johnstone test) that must be met for a circumstance to be considered a family status obligation, which includes the following criteria:

  1. a child is under the employee's care and supervision;
  2. a childcare obligation engages the employee's legal responsibility for that child, as opposed to a personal choice;
  3. reasonable efforts were made to meet those childcare obligations through reasonable alternative solutions, and that no such alternative solution is reasonably accessible; and
  4. the impugned workplace rule interferes in a manner that is more than trivial or insubstantial with the fulfillment of a childcare obligation.

  If the above criteria is met, the Duty to Accommodate is triggered and managers are encouraged to discuss the situation with their Human Resources Advisors in order to identify appropriate accommodation measures.

  Should the above criteria not be met, then the circumstance will be considered to be the employee's preference and would fall outside of the Duty to Accommodate process. Nevertheless, managers are encouraged to discuss appropriate options with the employee.

• 8.8.9 Can an employee currently on LWOP for care of immediate family return to work sooner than initially agreed upon?

  Most collective agreements contain a provision for early return from leave without pay for care of family. The leave may end early so as long as it does not end in additional cost to the employer. Given that ESDC is looking to bring on additional resources, management should consider this option.

  However, prior to agreeing to an early return to work, management must discuss the employee's situation and examine the reasons motivating the employee request. Should the intent be for the employee to come back early from LWOP and receive other paid leave to care for immediate family, this would result in additional cost to the department. Furthermore, the update provided by OCHRO regarding employee illness and leave is clear, in all circumstances, other paid leave should only be used in cases where an employee would be available for work if not for COVID-19. Employees who are unavailable because they are on vacation or other leave must continue to claim the appropriate leave credits.

• 8.8.10 What type of leave applies for employees who are receiving the COVID-19 vaccine during working hours?

  Employees, including students, who wish or need to be vaccinated should do so outside working hours. If they must be absent during working hours to obtain the COVID-19 vaccine (for first and second dose), Time off Work with Pay for Medical Appointment (698) should be granted given the exceptional circumstances linked to the pandemic and since this is considered as an appointment of a preventative nature. Employees are granted to up of half a day, proportionate to the number of hours worked in their regular workday. The time reporting code for this type of appointment is 698 - Other Paid Leave – Medical Dental Appt.

  This absence should not be taken under code 699 leave.

• 8.8.11 What type of leave applies for employees who are experiencing side effects due to the COVID-19 vaccine?

  Employees who are experiencing side effects due to the COVID-19 vaccine and are unable to work should be granted sick leave.

• 8.8.12 What type of leave applies for employees who are taking their child or someone they have a duty of care to get the COVID-19 vaccine?

  Employees should first try to attend the appointment outside of working hours or consider using flexible hours to make up the time taken. If they must be absent during working hours to take their child or someone they have a duty of care to get the COVID-19 vaccine (for first and second dose), they should use Leave with Pay for Family-Related Responsibilities.

  Once all options have been considered and the employee does not have any Leave with Pay for Family-Related Responsibilities credits left, Leave With Pay for Other Reasons (699) may be granted for a reasonable time period.