Ontario Arbitrator Clarifies Sick Pay Entitlements For Long-Term Care Employees

A recent arbitration award by Arbitrator Stout (the "Award") provides guidance on when long-term care homes are (and are not) required to pay employees for COVID-19-related absences. The decision underscores the importance of carefully considering both the collective agreement and the reasons an employee is in self-isolation when determining whether an employee is entitled to sick pay.

Factual Background

The Ontario Nurses Association (the "Union") has Collective Agreements with a number of long-term care homes ("Homes") that contain an identical provision regarding employee entitlement to sick pay. The Collective Agreements provide that certain classes of employee (i.e., full-time seniority employees) would receive sick pay if they are absent from work due to "legitimate personal illness or injury." The Collective Agreements do not state that these entitlements are available to part-time or casual workers.