Feature Story
November 2009
H1N1 Flu: Get Better, Not Fired!
“Ahh… chew!” Even the occasional sneeze is making people nervous these days. Ready or not, H1N1 flu is knocking at the door. It’s important to be prepared, but not panic, especially when it comes to the workplace.
In this article, Éducaloi tells you about the rights and obligations of employers and workers when it comes to a flu pandemic.
PREVENTION
My employer is taking measures to prepare for the flu pandemic. Am I obliged to take part?
Yes, when there is a pandemic, you must cooperate with any preventative measures your employer puts into place to prevent the flu from spreading.
In fact, employers are obligated to take measures necessary to protect the health of workers. They also have what are called “management rights” toward their employees, which means they can impose policies in the workplace.
For example , an employer can require employees sharing the same work station to disinfect it before the end of their shifts. Also, an employer can ask an employee who has H1N1 flu or symptoms of this flu to go home to prevent others in the workplace from becoming infected. Unless there is an agreement in place to the contrary, an employer does not have to pay an employee asked to return home.
However, there are limits to the management rights of employers: they must respect the rights and freedoms of workers. For example, your employer cannot forcibly vaccinate you against H1N1 flu!
On the other hand, the question of whether your employer can ask you to return home without pay because you refuse to be vaccinated is more controversial. A court recently authorized a CHSLD (a Residential and Long-Term Care Centre) to suspend a nurse without salary for several days for refusing to be vaccinated. But given the particular circumstances in that case, it is difficult to predict at this point if the courts will reach the same decision in other situations.
ABSENCES
An Explanatory Note
Most employees are entitled to
at least the benefits mentioned below.
Your employer might grant you more generous benefits, especially if you are unionized. Check your employment contract or collective agreement. You might also benefit from some additional rights if your employer has put a plan into place regarding the H1N1 flu pandemic.
