Author: Kyla Hardon

Q&A Document of ROEs and Payroll
The Canadian Payroll Association has made this resource available through ESDC.  It is a great resource to ensure through this crisis you as the employer are ensuring prompt access to EI for your employees as well as providing several options for alternative pay structures supplemented by EI.  Check it out HERE to ensure you are up to speed on the technical details around payroll and COVID-19.

PAYROLL-AND-COVID-19-PAYROLL-INFOLINE-QA-FINAL

Work Sharing
This Federal program allows for employees to remain working during times where there is a reduction in normal levels of business activity.  Employees wages are supplemented by EI payments.  This has been expanded to 76 weeks due to COVID-19 related issues.  Please note this does not apply to seasonal staff and must be by mutual agreement between employer and employees.

Full details here – https://www.canada.ca/en/employment-social-development/services/work-sharing.html

Updates April 6, 2020

Updated link for Health Posters for workplaces – https://www.alberta.ca/covid-19-information-posters.aspx

OHS Materials for AB Employers - https://ohs-pubstore.labour.alberta.ca/covid-19

AgSafe Alberta has templates for farms during COVID-19 - https://www.agsafeab.ca/Resources.aspx?pg=covid19#covid-19

Fact sheets to post in the work environment can be found here:

• https://open.alberta.ca/publications/covid-19-information-help-prevent-the-spread-poster
• https://www.canada.ca/content/dam/phac-aspc/documents/services/diseases-maladies/reduce-spread-covid-19-wash-your-hands/eng-handwashing.pdf
• https://www.canada.ca/content/dam/phac-aspc/documents/services/publications/diseases-conditions/about-coronavirus-disease-covid-19/about-coronavirus-disease-covid-19.pdf

OHS: Respiratory viruses and the workplace
WCB: COVID-19 worker fact sheet

Updates April 6, 2020

Updated resource page for all Federal programs and supports - https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html

The Canada Emergency Response Benefit (CERB)
Today, the Canadian Government provided clarity on eligibility and the application process for the CERB program which can be found here.  Highlights included that Canadians will be able to begin applying for the CERB on April 6, 2020 and, if approved, should receive their first payment within 10 days. The CERB will provide approved applicants with $500 a week for up to 16 weeks.

The benefit will be available to workers:

• Residing in Canada, who are at least 15 years old;
• Who have stopped working because of COVID-19 or are eligible for Employment Insurance regular or sickness benefits:
• Who had income of at least $5,000 in 2019 or in the 12 months prior to the date of their application; and
• Who are or expect to be without employment or self-employment income for at least 14 consecutive days in the initial four-week period. For subsequent benefit periods, they expect to have no employment income.

The Benefit is only available to individuals who stopped work as a result of reasons related to COVID-19. If you are looking for a job but haven’t stopped working because of COVID-19, you are not eligible for the Benefit.

Applications for The Canada Emergency Response Benefit (CERB) are now being accepted via the Canada Revenue Agency’s My CRA Account portal here or via telephone at 1-800-959-2019 or 1-800-959-2041.

Please note, to manage the high volume of applications, your month of birth determines which day you can apply on:

Canada Emergency Wage Subsidy (CEWS)
The CEWS would enable employers to re-hire workers previously laid off, and to keep those who are already on payroll. Details of today’s announcement can be found here. Please note, the CEWS is currently only being proposed by the Canadian Government, it will need to be passed by Parliament before being launched. Details on the proposed subsidy announced today included:

• That it would apply at a rate of 75 per cent of the first $58,700 normally earned by employees – representing a benefit of up to $847 per week. The program would be in place for a 12-week period, from March 15 to June 6, 2020.
• Eligible employers who suffer a drop in gross revenues of at least 30 per cent in March, April or May, when compared to the same month in 2019, would be able to access the subsidy.
• Eligible employers would include employers of all sizes and across all sectors of the economy, with the exception of public sector entities.
• For non-profit organizations and registered charities similarly affected by a loss of revenue, the government will continue to work with the sector to ensure the definition of revenue is appropriate to their circumstances. The government is also considering additional support for non-profits and charities, particularly those involved in the front line response to COVID-19. Further details will be announced in the near term.
• An eligible employer’s entitlement to this wage subsidy will be based entirely on the salary or wages actually paid to employees. All employers would be expected to at least make best efforts to top up salaries to 100% of the maximum wages covered.

Eligible employers would be able to access the Canada Emergency Wage Subsidy by applying through a Canada Revenue Agency online portal. If passed by Parliament, further details will be made available.

TFWP

Letter to Health Minister, Patty Hadju to Employers - https://www.canada.ca/en/employment-social-development/corporate/notices/minister-letter-foreign-workers.html

New TFW FAQs - https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance/covid-faq.html

Economic Response Package from Canadian Government for COVID-19

March 18, 2020 – The Government of Canada has announced details on the $82 billion aid package for Canadians and Businesses. This includes the information below that details how and when assistance will be arriving. We encourage all employers to share the resources below with employees. Each company will have to best decide how to achieve a contingency plan with help from these aid programs. Combined support for both employers and employees offers the best option to maintain health concerns with being able to have a business to return to.

There is a potential as the pandemic progresses that all non-essential businesses will be forced to close.  Please ensure you are taking that possibility in to consideration when planning for the next weeks and months.

March 27, 2020

Support for people who are sick, quarantined, or in directed self-isolation

The new Canada Emergency Response Benefit (CERB)

We will provide a taxable benefit of $2,000 a month for up to 4 months to:

• workers who must stop working due to COVID-19 and do not have access to paid leave or other income support.
• workers who are sick, quarantined, or taking care of someone who is sick with COVID-19.
• working parents who must stay home without pay to care for children that are sick or need additional care because of school and daycare closures.
• workers who still have their employment but are not being paid because there is currently not sufficient work and their employer has asked them not to come to work.
• wage earners and self-employed individuals, including contract workers, who would not otherwise be eligible for Employment Insurance.

The Canada Emergency Response Benefit will be accessible through a secure web portal starting in early April. Applicants will also be able to apply via an automated telephone line or via a toll-free number.

Support for Businesses

• Supporting Canadian Businesses Through the Canada Account Helping Businesses Keep Their Workers – Tax credits for small business to help keep cash flow positive.
• Flexibility for Businesses Filing Taxes – Extension to file taxes to again keep cash working for you.
• Ensuring Businesses have Access to Credit
• Supporting Financial Market Liquidity
• Emergency Isolation Support Application now available - https://www.alberta.ca/emergency-isolation-support.aspx

Support for Individuals

• Income Support for Individuals Who Need it Most – Includes easier access to EI for people impacts, GST and Canada Child Benefit payments)
• Flexibility for Taxpayers
• Mortgage Default Management Tools – Defer mortgage or auto payments for up to 6 months.  Much needed flexibility in uncertain times.
• Role of Financial Institutions

The full details on the Government of Canada Economic Response Package can be found at the link below.  Please visit there directly for more details.  https://www.canada.ca/en/department-finance/news/2020/03/canadas-covid-19-economic-response-plan-support-for-canadians-and-businesses.html

Regional Resources

• City of Edmonton
• City of Calgary
• City of Red Deer
• City of Lethbridge

Links to Health Resources

• Up to date info from Alberta Government https://www.alberta.ca/coronavirus-info-for-albertans.aspx
• Alberta Health Services – COVID-19 Resources https://www.albertahealthservices.ca/topics/Page16997.aspx
• Business continuity planning – https://www.ccohs.ca/publications/PDF/businesscontinuity.pdf
• Health Canada Risk Prevention – https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/prevention-risks.html
• Health Canada OHS Guidelines – https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus-occupational-health-safety.html
• Health Canada Travel Guide – https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/latest-travel-health-advice.html
• Trade Commissioner of Canada – Advice for businesses https://www.tradecommissioner.gc.ca/campaign-campagne/ressources-entreprises-COVID-19-business-resources.aspx?lang=eng
• World Health Organization Info – https://www.who.int/news-room/q-a-detail/q-a-coronaviruses

Best Practices for Cleaning and Prevention

General Cleaning

• Increase daily cleaning and disinfection of common areas and surfaces. Pay particular attention to door knobs, light switches, staff rooms, desktops, washrooms and other high touch surfaces.
• Cleaning refers to the removal of visible dirt, grime and impurities. Cleaning does not kill germs but helps remove them from the surface.
• Disinfecting refers to using chemical to kill germs on surfaces. This is most effective after surfaces are cleaned. Both steps are important to reduce the spread of infection.
• Use a disinfectant that has a Drug Identification Number (DIN) and a virucidal claim. Be sure to follow the instructions on the label to disinfect effectively. Alternatively, you can prepare a bleach water solution with 100 ml of unscented household bleach per 900 ml of water.
• Be sure to use / take the appropriate precautions when using chemicals for cleaning and disinfecting. Consult the product Safety Data Sheets.

Prevention

• Wash your hands often and well (at least 20 seconds)
• Avoid touching your face, nose, or mouth with unwashed hands
• Avoid close contact with people who are sick
• Clean and disinfect surfaces that are frequently touched
• Stay at home and away from others if you are feeling ill
• When sick, cover your cough and sneezes and then wash your hands (sneeze or cough into your elbow or a tissue)

Changes to Alberta Employment Standards Due to COVID-19
from McLennan Ross LLP Labour & Employment Team

In recognition of the unusual impact COVID-19 is having upon employers and employees and the need for some of the normal workplace rules and expectations to be relaxed, the Alberta Minister of Labour has just announced this afternoon a Ministerial Order that temporarily alters the provisions of the Employment Standards Code and Employment Standards Regulation:

• A new unpaid leave of absence has been created for employees who need time off from work because of childcare responsibilities. Employers are entitled to make certain inquiries in dealing with requests for this new family leave. Employees are protected from termination and layoff while on this leave, though there is normally an exception in cases where an employer suspends or discontinues part or all of its operations.
• Employers can now temporarily layoff employees for up to 120 days before termination is deemed to occur (and termination or group termination pay is required). The temporary layoff period was previously 60 days of layoff within any 120-day period. This is also a sensible change since employers are seeing the restrictions on their ability to operate extending to what may easily be more than 60 days (and now hopefully less than 120 days).
• The group termination provisions do not apply. These provisions required enhanced termination notice to affected employees, any unions, and the Minister of Labour when 50 or more employees are terminated from a single location within a 4-week period, as follows:
  • 50 – 99 employees: 8 weeks
  • 100 – 299 employees: 12 weeks
  • 300+ employees: 16 weeks

These provisions, which became effective January 1, 2018, were punitive to employers facing a need for significant downsizing. When such large reductions in a workforce are required, employers are rarely able to provide such advance notice, and the financial cost is excessive at a time when employers can least afford it. These impractical consequences are particularly apparent in the face of COVID-19, and we have had many employers telling us that having to provide group termination in the current circumstances would be financially ruinous to them.

• The 24-hour written notice requirement for changes to schedules does not apply. Employers have had to respond to many scheduling challenges in the face of COVID-19 for various reasons, such as:
  • staggering workforces for the purposes of physical distancing;
  • responding to fluctuations in work demands; and
  • responding to workforce fluctuations as employees are unable to attend work on short notice.
• The 2-week written notice for temporary changes to averaging agreements will not apply. These provisions have been very cumbersome and inflexible for general scheduling, and those problems have been exacerbated by COVID-19.
• Provisions on variances have been revised to make them easier to obtain. Variances are permits that allow relaxation of certain employment standards for individual workplaces. They are used where a need can be demonstrated in a given workplace. COVID-19 has resulted in many unique situations that require adjustments to the normal standards that would apply, and making it easier to obtain variances is part of an effort to remove red tape so that employers can respond to the current crisis in a timely way.

The changes are effective as follows:

• The new family leave and the extension of the period for temporary layoffs are effective March 16, 2020; and
• The other changes are effective as of the date of the Ministerial Order.

Although most of these changes would be sensible on a permanent basis, for now they will only last for as long as the COVID-19 crisis continues. The changes are a welcome relief to employers and very much needed. They will also be welcomed by employees struggling with child care needs.

Employment rules changes

The Government will be implementing paid, job-protected leave. Details of how these changes will take effect will be provided in the coming days.

Changes to the Employment Standards Code will allow employees to take 14 days of paid, job-protected leave if they are:

• required to self-isolate
• sick or caring for a loved one with COVID-19

To be eligible, employees:

• will not be required to have a medical note
• do not need to have worked for an employer for 90 days

This leave covers the self-isolation period recommended by Alberta’s chief medical officer. They recognize this could put pressure on employers and are working towards a solution to address these challenges.

How to manage in the workplace

• Ensure you have hand washing protocols in place
  • Fact sheets to post in the work environment can be found here:
    • https://open.alberta.ca/publications/covid-19-information-help-prevent-the-spread-poster
    • https://www.canada.ca/content/dam/phac-aspc/documents/services/diseases-maladies/reduce-spread-covid-19-wash-your-hands/eng-handwashing.pdf
    • https://www.canada.ca/content/dam/phac-aspc/documents/services/publications/diseases-conditions/about-coronavirus-disease-covid-19/about-coronavirus-disease-covid-19.pdf
  • Ensure employees understand their responsibility to report if they are feeling ill or of any activities that put them at risk of COVID-19.
  • Communicate with your employees about HR policies around sick leave (if any).
  • Ensure employees understand why they may need to self-isolate, support them in this decision and make sure they understand they will be sent home from work if they present with symptoms.
  • Share the AHS Self-assessment tool with employees – https://www.albertahealthservices.ca/topics/Page16944.aspx
  • If an employee has to self-isolate, employees and employers should work together to explore alternate working arrangements:
    • Working from home or remotely
    • Doing work that requires limited contact with other
    • If an alternate working arrangement is not possible, employees can use paid sick time, if available. (see below for changes to Paid Sick Leave in AB).
    • The Government of Canada has removed wait times on Employment Insurance which can be used for self-isolation or care leaves.
  • Limit or restrict visitors to the business operation (not customers)
  • Consider restrictions on business and personal travel
  • Businesses that are receiving foreign workers should monitor advisories from the government departments responsible for the Temporary Foreign Worker Program (TFWP: https://www.canada.ca/en/employment-social-development/services/foreign-workers.html)
  • Continue to follow recommendations provided around maintaining biosecurity and food safety standards.
  • Businesses that provide housing for their workers will need to ensure their risk management plan considers large numbers of employees being quarantined or requiring health care.
  • BC has a COVID-19 resource for employees in Spanish – https://www.healthlinkbc.ca/hlbc/files/documents/healthfeature/hf_040_coronavirus_covid-19-s.pdf