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ARTICLE · 18 NOVEMBER 2013

An Employer’s Obligations During Flu Season

McCarthy Tétrault
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The weather is getting colder, the holidays are approaching and flu season is soon to be upon us.

CanadaEmployment and HR
Daniel Pugen
Daniel Pugen
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The weather is getting colder, the holidays are approaching and flu season is soon to be upon us.  That means sick employees forced to miss work. Besides ensuring that productivity does not suffer, employers also need to be cognizant of their legal obligations towards their employees during flu season.  Here are a few important points to keep in mind:

  • Obligation to Maintain a Safe Workplace - Under the Occupational Health and Safety Act ("OHSA"), an employer has a general duty "to take every precaution reasonable in the circumstances for the protection of a worker" (s. 25(2)(h)).  This duty not only applies to ensuring workplace machinery is safe, but also to communicable diseases like the flu.  Employers should adopt reasonable policies/practices to prevent the spread of an illness like the flu (e.g. facilitating flu shots, providing hand washing dispensers, approving time-off and shift modifications where necessary).

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