COVID 19 Business update - March 18 2020

As you, every person and every organization is experiencing the affects of the COVID-19 (Coronavirus) there are many unanswered questions.

 There are numerous sources providing mis-information and therefore it is important to obtain reliable and accurate information. Below are the links to the Public Health Agency of Canada and the US Centers of Disease Control.

 https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19.html

 https://www.cdc.gov/coronavirus/2019-nCoV/index.html

 COVID-19 is a fast moving virus and changes are occurring regularly. Schools and many employers are now shut-down or in the process to shut-down until at least April 1, 2020. The latest information from the Public Health Agency of Canada and the US Centers for Disease Control anticipate the virus “spread” to continue to worsen over the next few weeks and extend beyond April 1, 2020.

 There is no vaccine for COVID-19 and the actions taken to date by the many different level of governments across the globe are designed to slow the “spread” in order for the health and medical infrastructure to handle the cases. The annual Flu shot will not provide protection against COVID-19.

Now, as always during cold and flu season, and should any employee begin exhibiting symptoms of an illness they are to stay home.

In order to reduce the possibility of exposure to any cold or flu virus, including COVID-19 prudent steps need to be taken and include:

• washing hands often with soap and water for at least 20 seconds;
• disinfecting common surfaces such as equipment, door handles and countertops;
• avoid touching the eyes, nose or mouth with unwashed hands;
• covering the nose and mouth when coughing and sneezing by using a tissue or a flexed elbow;
• avoiding contact with people who are sick; and
• contacting a healthcare provider if you have questions or concerns about your health.

Any person over 60 and any person with diminished immunity is at higher risk of suffering adverse affects should they contract the COVID-19 virus.

Therefore, is also important to stay at home, if able, and limit all social interactions for at least the next 14 days; and if venturing out to maintain “social distance” from others.

“Social Distance” means:

• Staying at least two (2) metres away from another person;
• Avoiding non-essential travel and outings;
• Avoid any gathering of 50 people or more (this number is reducing – as in Florida which has implemented an order for any gathering of more than 10 people, including workers and as in San Francisco which has issued a “shelter in place” order); and
• If ill call your medical provider or local public health office for guidance BEFORE going to a medical office or medical facility.

IT IS IMPORTANT TO PREPARE AND DEVELOP YOUR BUSINESS CONTINUITY and CONTINGENCY PLAN ---- NOW!

 As of Tuesday March 17, 2020 the Premier of Ontario declared a state of emergency in Ontario amid the COVID-19 outbreak.

 The Province of Ontario has ordered a prohibition on organized public gatherings of over 50 people (including parades, events, and services within places of worship) and the immediate closure of the following settings until March 31, 2020:

• All facilities providing indoor recreational programs;
• All public libraries;
• All private schools as defined in the Education Act;
• All licensed child care centres;
• All bars and restaurants, except to the extent that such facilities provide takeout food and delivery;
• All theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies; and
• Concert venues.

At this time, Ontario’s state of emergency does not constitute a “provincial shutdown” and that the vast majority of businesses “will not be affected by the order.” This means employers who employ 50 or more employees are not affected by the state of emergency.

In addition to the state of emergency, the province has announced the introduction of draft legislation to amend the [Ontario] Employment Standards Act, 2000,  to provide employees with job protection as a result of being affected by the COVID-19 issues. This means employees who are required to self-isolate; employees who feel ill; employees ordered by their employees to remain at home; and most other issues related to employee absences will result in employee and their work positions being protected.

(Similar employee protection legislation is being prepared by governments in other Canadian jurisdictions)

This form of job-protected leave must be provided for as long as an employee is affected by the declared emergency.

Employees who will be entitled to take “Emergency Leave” include those directly impacted as a result of business closures as well as employees whose family caregiver responsibilities are engaged by the closures (i.e. daycares).

In Ontario “Emergency Leave” is unpaid unless the Employer has the financial ability to continue to pay employees or if there is a collective agreement or contract of employment provision in effect that requires pay to continue uninterrupted.

This draft legislation will also provide employees protection from disciplinary measures related to absenteeism; and employees who are off work will not be required to provide a medical certificate if they claim being off work as sick.

 The Federal government has announced the closure of Canada’s borders to non-citizens and non-residents. Further steps are being contemplated including closing the Canada/US Border to non-essential travel and only to allow the shipment of goods and services to continue to cross the border.

ANY person who has returned from outside of CANADA, including travellers returning from the USA – are requested to self-isolate for at least 14 days. This means organizations may have employees book off from work, or alternatively, an employer may demand their employee(s) returning to Canada not report for work for at least 14 days.

 What to do?

1. Any employee who self-isolates; any employee required by their employer to self-isolate – the employer should immediately issue a Record of Employment (“ROE”) and indicate CODE “K” as the reason; and in the COMMENT Section use “COVID-19”. Employees will be entitled to immediate Employment Insurance benefits, If eligible, and with no waiting period.
2.  If you are able and if you have work that can be performed by employees at home, we recommend employees work from home.
3.  If your work processes have slowed significantly, and there is little to no work available for the remaining employees, it is important to preserve cash NOW. Employers may be placed into the unenviable position to lay-off employees temporarily. Employers who lay-off employees should immediately issue a Record of Employment (“ROE”) and indicate CODE “K” as the reason; and in the COMMENT Section use “COVID-19 – temporary shut down”.

 If you have any questions or if we can be of assistance please do not hesitate to call 416-347-6875 or e-mail [email protected]

 Stay Well!

 Mark

Mark Gernon MPLG Management Solutions Inc.     416-347-6875      [email protected]