Ontario: Construction engineer firm is providing this to their employees – is this legal?

[Rory Lodge]

#102796

Pursuant to our company policy the following package/document is offered as an extension to existing policy(s) with revision to existing policy were noted.  As we work to prepare for this change (as verbally advised) each employee, unless specifically assigned an urgent task is to remain home on January 14, 2021 and January 15, 2021, these days will be paid as regular work days.
In accordance with the Reopening Ontario Act and the recent Provincial Government’s announcement of a stay-at-home order effective at 12:01am January 14, 2021 the following changes/actions are required.

• Where not specifically noted the existing COVID-19 Policy applies
• Masks shall be worn in the office at all times per Provincial policy

Following from recent clarifications from the Province specific to the definition of essential work consideration has been given to what aspects of our duties/responsibilities can be effectively carried out from home and which require our attention within the confines of the office and site.
Currently our office is actively involved in several aspects of service as noted under essential construction and other elements noted in the recent outlines provided by the government.  This includes, but is not limited to:

• Support of food and pharmaceutical companies in their maintenance and operations;
• work on education facility projects required for the expansion and operation/maintenance of these facilities;
• work to support safe access and maintenance of safety on active working sites and closed sites;
• support specific to active construction allowed to proceed under the current regulations;
• work on projects funded by the municipality and other levels of government.

Given the above, and each employee’s need to access the server, access software licensed only to our office location, and work which requires collaborative in person efforts to ensure accurate and completeness we find that the presence of all employees under the current guidelines is essential/permitted and therefore access to the office for such work would be allowed.  With these items in mind operation of the companies process via remote (at home) access will not be viable at this time.  Moreover, each member of the design team must be able to readily access the client sites as required to fulfill their professional responsibility further requiring you to work away from your home setting.
With the above position defined management also respects each person’s individual right to make decisions for themselves, in terms of ensuring you feel safe leaving your home at this trying time.  While our office has an appropriate COVID-19 policy and provides means of ensuring each team member’s safety at our office location we understand some of you may wish to refrain from coming to the office.  With this in mind, we offer each employee the opportunity by request below, to ask for an unpaid leave of absence until such time that the lockdown is over or you reassess your situation and provide a written request to return.  It must be made clear that a leave of absence request has no bearing or impact on your position with the company.
Should at any time you opt to change your position with regard to working at the office and chose to take a leave of absence we would require a written request of such so that we can promptly get underway to approve it. 
Following company policy we ask that you keep one copy of this document for your files and provide a signed copy of this document to management before lunch of the first day of your return to work (starting January 18, 2021)
I __________________________________________ have read the above document and understand my right to request a leave of absence.  I also understand the position of management with regard to us being permitted to attend the work place based on the recent clarifications by the government.  Given the above I:
 ______  will be coming to work to perform my duties on these essential service projects in accordance with the company’s policy and the Government of Ontario’s guidelines.
_______ having weighed the options offered I request that I be placed on a leave of absence until such time that the Government’s Stay at Home order is lifted or I provide you with a written request to return to the office to perform my duties.
______________________________________________        ________________________
Signature                                                                                                         Date
 

[Jeffrey Turner]

#103250

I can’t review a policy like this because it would constitute counsel that I’m not allowed to provide. Can you please just rephrase this as a specific question(s)’ This way, I can help you out without getting either one of us into trouble. Thanks.

[Author]

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