Yes, but only as long as you require all employees to get tested before letting them come to work. Notice I didn’t say “return to work.” The problem: Human rights commissions have made it clear that having or being perceived to have COVID-19 is a disability. So, testing an employee who had COVID-19 but not testing another employee who didn’t have COVID-19 is differential treatment that could be considered disability discrimination. On the other hand, if everybody is tested for COVID-19, it’s cool to test the employee who had it before. Hope that answers your Q. Glenn

The employer would be entitled to require both employees to prove they’re fit for duty. True, the serious injury could be and probably would be deemed a disability. The difference is that unlike the serious injury may impair fitness for work, having had COVID-19 doesn’t impair fitness for work after recovery, particularly if the employee is returning after following the Health Canada quarantine/self-isolation guidelines. The only reason to require THAT employee to get a negative test without requiring the same of other employees who didn’t have COVID-19 is the perception of disability. At least that’s my interpretation. It’s impossible to say how a court, arbitrator or human right tribunal would rule in an actual case.