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ARTICLE · 18 FEBRUARY 2021

COVID-19 – Can My Employee Refuse To Come Back To Work?

As businesses begin to open up over the next few weeks, they will be calling on their employees to return to work. Many employees, concerned about the 13,000 active cases, ...

CanadaCoronavirus (COVID-19)

As businesses begin to open up over the next few weeks, they will be calling on their employees to return to work. Many employees, concerned about the 13,000 active cases, may be reluctant to leave the safety of their homes to work in customer facing jobs.

Right to Refuse to Work

Employees in Ontario have the right to refuse to work when they have "reason to believe" that their health could be compromised by going to work on performing a task in the course of their work.

When is this right exercised?

First, the employee exercising the right must immediately notify the employer and explain their reasons for the refusal.

Next, the employer must investigate the refusal immediately and cannot compel the employee to carry out the work activities until it is proven that a danger does not exist. If the employer determines that a danger exists, they should implement proper safety controls to mitigate risks, provide personal protective equipment, and take any

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