If my employees don’t come into work because they want to stay on CERB, do I have any rights? Globe_Careers
What happens if my employees try to take advantage of the CERB? Some of them are collecting more on CERB than their usual wage and I’m worried they’ll say they are feeling “a little under the weather" or that they have a headache until the CERB period is over. What rights does an employer have if they feel the employee is faking? When businesses are allowed to reopen, I’ll be implementing all the protocols for protecting my employees. So I just want to know what my rights are.
Practically speaking, when you are ready to recall your employees to work, you may wish to remind them to confirm if they are still eligible to receive CERB payments once they return and note that the Canadian government is currently proposing significant penalties for anyone who makes a “false or misleading” benefit claim.
Finally, it is also important to appreciate that if an employee states that they are not feeling well, as an employer, you are legally required to provide a safe workplace for your employees. This means that you will need to assess whether this employee exhibiting symptoms should be returning to work in light of the potential health hazards that employee may present for others in the workplace.Many employers are facing uncertainty as they begin to recall workers.
If you recall an employee to work but they stay off work for health reasons, they will no longer be on a layoff, but instead on a medical leave. It may be reasonable in these circumstances to ask an employee to provide a doctor’s note. Employers must maintain a safe workplace for all employees, which means following WorkSafeBC guidelines and having a plan for when employees feel ill or have symptoms linked to COVID-19.
Employees should be cautious about refusing work as this may disqualify them from receiving government benefits like the CERB and EI. The CERB is available to those who are unable to work as a direct result of COVID-19. Workers should understand that voluntarily refusing work may lead to CERB benefits being denied.
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