Questions and Answers about H1N1 Flu Virus

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* An asterisk indicates a new question and answer.

Human Resources Issues: Leave Request and Benefits

Q1. As an employee, if I'm instructed not to report to work, do I have to claim the time in sick or vacation days?

No. Employees are not required to submit leave forms for periods where management has suspended normal business operations.

Q2. If I am able and willing to report to work but told not to, will I still get paid?

All employees, including casual employees and students, who are unable to report to work due to office closures will continue to be paid for their regularly scheduled hours of work during the period of these office closures.

Employees in acting situations at the time of the office closures continue to be paid at their acting level.

Q3. If a temporary help agency employee or a contractor is able and willing to report to work but told not to, will he or she still get paid?

Temporary agency personnel are employees of the temporary help agency. Personnel of these agencies are normally paid by the agency on the basis of services rendered. Where no work was performed during the period of any temporary office closure, there are no hours to be billed by the particular agency. Consequently, it is up to that agency to determine what it will do for its personnel in these circumstances. Temporary agency personnel should be contacting their employer for further information and clarification of their situation.

The CFIA’s relationship with firms and individuals providing services on contract is fundamentally different from its relationship with its employees. Contracts and the basis for payment are determined by the terms and conditions of individual contracts and the nature of the services to be delivered. Each situation will need to be assessed by the delegated contracting manager once normal business operations have been resumed.

Q4. I requested vacation leave and it was approved by my manager, but then the office closed down because management had suspended normal business activities. Do I still have to use up my vacation days?

Yes. If an employee's leave (e.g., annual, sick, family-related, or without pay leave) was previously approved before the building closed down, he or she had already planned on not reporting to work during that time. Therefore, the employee would not be affected by the office closure.

Q5. What type of leave should I use if I want to take time off to provide care for a family member who is ill?

Managers have the flexibility and discretion to grant a leave of absence to employees directly affected by an emergency situation. Where employees are personally affected by the H1N1 flu virus, they are encouraged to communicate with their manager to review their individual circumstances and the reasons preventing them from reporting for work.

The decision to grant or not grant leave is one best determined by the manager. Once the employee has resumed work, leave forms must be completed for the absences that had been verbally authorized by managers.

Q6. Is there a leave policy that pertains specifically to the H1NI flu virus?

No, collective agreements or the terms and conditions of employment for unrepresented employees continue to apply.

Q7. If I run out of family-related leave, what are my leave options for taking care of a family member who is ill?

An employee can request other leave with or without pay as provided in the employee's collective agreement or the terms and conditions of employment for unrepresented employees such as vacation leave, compensatory leave, personal needs leave, care of immediate family, etc.

Q8. If I need to take time off to care for family members who are ill, can I claim it as compassionate care leave? Am I then also eligible for compassionate care benefits?

Under the Employment Insurance Act, compassionate care benefits may be paid up to a maximum of 6 weeks to an employee who has to be absent from work to provide care or support to a gravely ill family member at risk of dying within 26 weeks.

For more information on compassionate care leave, please consult the Employment Insurance (EI) Compassionate Care Benefits at http://www.servicecanada.gc.ca/eng/ei/types/compassionate_care.shtml#receive .

Q9. Will changes be made to the leave policy or the Public Service Health Care Plan in response to the flu pandemic?

No changes are planned at this time.

Q10. Will an employee shortage affect pay services?

Public Works and Government Services Canada, which is responsible for issuing pay cheques to employees and pensioners, has a rigorous pandemic plan in place that will allow it to maintain its critical operations.

Q11. For employees that are symptomatic and/or infected with the H1N1 virus, how will leave provisions be applied and will medical certificates be required?

Should either a symptomatic employee, or an employee infected with H1N1 report to work, he or she should be sent home and/or referred to a medical treatment facility. The absence from the workplace should be covered by sick leave. If the employee does not have sufficient sick leave credits, management may consider advancing sick leave credits in accordance with the collective agreement or the terms and conditions of employment for unrepresented employees. Employees may also request other appropriate paid leave (such as annual leave, accumulated compensatory leave) in accordance with their relevant collective agreement or terms and conditions of employment. Managers may exercise their discretion in approving such requests. If an employee provides management with a medical certificate confirming that despite being sent home, they were indeed fit to work; sick leave would not be required to cover the absence from the workplace.

Q12. What advice can be provided to employees that are considered more at risk of complications, such as pregnant employees?

Based on current health advice, there are no specific measures required for employees that are considered more at risk of complications. For pregnant women, the Public Health Agency of Canada recommends that they continue normal activities, like going to work, but that they should be even more vigilant about hand-washing and carrying hand sanitizer, amongst others. However, should individual employees raise concerns, alternative work arrangements, that is to say temporary re-assignment or teleworking, may be considered based on operational requirements.

*Q13. Can an employee apply for leave with pay for family-related responsibilities if his/her child's daycare or school is closed because of H1N1?

The leave with pay for family-related responsibilities provision of collective agreements or terms and conditions of employment for unrepresented employees does not apply to school and daycare closures. However, other types of leave such as annual leave could be used if employees are unable to make alternative care plans for their children.

*Q14. Are there any situations where leave with or without pay for "other reasons" might be approved in the context of H1N1?

Leave under the clause "Leave with or without pay for other reasons" is discretionary, but the situation faced by an employee must meet the criteria in this provision, that is to say, that the circumstances preventing the employee from reporting to work were not directly attributable to him or her and that the leave was for purposes other than those specified by the applicable collective agreement or terms and conditions of employment for unrepresented employees.

Leave with or without pay for "other reasons" cannot be used to compensate employees who have exhausted their leave allotment from another existing clause. When faced with that situation, management and the employee can consider options such as the use of annual leave or compensatory leave. If no other options are available, then leave without pay may have to be used.