From Now On, Sanctions Cannot Be Imposed On Employees Who Must Isolate Themselves To Prevent The Spread Of Covid-19

On September 9th, the Québec government adopted an Order in Council stating that no employer may "dismiss, suspend or transfer an employee (.), practice discrimination or take reprisals against an employee or impose any other sanction upon that employee if he or she is absent from work for a maximum period of 14 continuous days and the absence is due to the fact that the employee self-isolates pursuant to a guidance or order issued by a public health authority and the employee is not able to work".¹

The purpose of this new Order in Council is therefore to protect the employment relationship of any employee who must be absent from work because of COVID-19 and to protect that employee from any disciplinary measures related to this absence. This protected reason for absence has been added to the statutory leaves provided in the Act respecting labour standards² (ARLS) which, through section 122 of the ARLS, protects employees from reprisals when they exercise a right