COVID-19 restrictions are gradually ending across Canada, with many provinces and territories lifting mandatory mask requirements in most workplaces and other indoor settings.
As an employment lawyer, I’ve received many questions from people who want to better understand their rights in the workplace now that government-mandated masking requirements have largely come to an end.
Here are the five key things to know about employment rights and masks in the workplace.
1. Employers can still ask employees to wear a mask at work
Although mask mandates may have ended in your province, your employer can still make the decision to have employees wear a mask when on the job.
Companies that choose to enforce a mandatory mask policy in the workplace must still comply with their obligation to accommodate individuals who are unable to wear a mask due to a disability or a medical condition.
2. Employees who refuse to wear a mask may be disciplined
Employees who refuse to wear a mask on the job may be disciplined by employers that continue to enforce mandatory mask policies, even if an applicable government mandate no longer exists.
If enough time passes and the threat of COVID-19 significantly declines, a company’s mask requirement may no longer be reasonable. At that point, an employer that elects to fire an employee for refusing to wear a mask would likely have to do so without cause — meaning such employees would still have to be provided with a full and proper severance package.
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3. Employees who choose to leave their job for refusing to wear a mask may be owed severance
While an employee who quits their job voluntarily is generally not owed severance, employees who resign because their employer continues to require masks at work after government mask mandates end could be entitled to severance.
Once COVID-19 has largely abated, an employee who does not want to wear a mask may be able to claim constructive dismissal, treat the situation as a termination and leave their job with a proper severance package. But each case is different, and not all employees in this situation will be eligible for severance.
READ MORE: What to know about employment rights if your company looks to hybrid or in-person work
Government mandates vary from province to province, and many workplaces, such as those in the health-care and travel industries, may remain subject to a mandatory mask requirement.
An employment lawyer, like the ones at Samfiru Tumarkin LLP, can address concerns about an employer’s attempt to compel you to wear a mask despite your objections.
While there are a number of Canadians who no longer wish to wear a mask at work, I have also received several inquiries from people who wish to continue to do so even though their employers no longer have such a requirement in place.
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4. Employees who wish to wear a mask at work can continue to wear one
An employee can choose to continue wearing a mask at work to protect themselves, even if mask mandates have ended and their employer has decided that masks are no longer required. As mask mandates have been lifted, many health officials were quick to point out that this does not mark the end of COVID-19 and that masking is still key to slowing transmission of the virus.
5. Employees who are fired for continuing to wear a mask almost certainly have legal rights
An employer can fire an employee for almost any reason, including the fact that they are wearing a mask at work when there is no active government mandate or company policy requiring one.
This situation, however, would be considered a termination without cause. If an employee is fired in this manner, the company must give them full severance pay. The value of an employee’s severance entitlement is determined by many factors and can be as much as 24 months’ pay.
READ MORE: What you need to know about wrongful dismissals
A company cannot legally fire somebody for wearing a mask at work when there is no mandate if that employee needs to wear one because they have a disability or medical condition. In that case, a termination is illegal, and likely a violation of a person’s human rights.
Has your employment been impacted by your decision to wear or avoid masks in the workplace? Do you need to talk to an employment lawyer?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta or British Columbia. Get the advice you need — and the compensation you deserve.
Andrew Goldberg is an employment lawyer and partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Employment Law Show on TV and radio.