Since the beginning of July 2020, workers with a medical condition deemed high risk and who had to stay home following the COVID-19 outbreak have been given a form prepared by Canada Life. This form was to be completed by a physician and was intended to determine if you should remain on leave or if you were fit to return to work. If you received this form, here’s what you need to know.
THE FORM
If your doctor answered “yes” to the question asking whether they considered you to be at risk of serious medical complications if you were to get infected with the virus causing COVID-19, but did not recommend that you remain medically isolated at home when asked the next question, the employer cannot unilaterally interpret this as your doctor’s authorization to return to work. If your doctor responded in this way, or if what they wrote in the comments section was not clear enough, the employer must ask you to contact your doctor again for clarification.
WORKPLACE ACCOMMODATION FOLLOWING THE FORM
The employer cannot use the COVID-19 emergency as an excuse for not meeting its contractual obligations to provide accommodation in the workplace. Indeed, the collective agreement is clear that workers, the Union and the employer must participate in the accommodation process. Therefore, if your doctor has determined that you can return to work with certain accommodations (i.e. specific equipment, time of exposure to other workers, etc.), the employer has an obligation to involve you and the Union in the discussions. Consult your local immediately if the employer does not meet its obligations in this regard. Please also contact your local if you are unsure who is responsible for accommodation requests in your workplace at the Union level.
Finally, if despite all of the above, CPC attempts to pressure you to return to work as soon as possible in opposition to your doctor’s recommendation, do not put yourself at risk. Voice your disagreement with your supervisors and contact your shop steward or local immediately.
IMPORTANT: Since everything concerning COVID-19 is evolving rapidly, do not hesitate to contact a shop steward or your local if you have any doubts or concerns about your rights and obligations.