What are my rights if I get laid off because I have COVID?
A friend told me workplaces aren't supposed to lay people off if they're sick.
Nora
White Rock, BC
Indeed, this is against the law in BC. Employees can take up to five paid sick days. And there is an unpaid, job-protected leave for COVID-related reasons. This means your job has to be there for you when you are well enough to work again.
As well, being laid off when you're ill with COVID is likely discrimination. Under BC's human rights law (see here), a worker can't be treated badly or unfairly based on a protected characteristic. A disability is protected in this way. And BC's human rights commissioner considers COVID to be a disability.
Hopefully a discussion with your employer can help to clear this up. If not:
You can consider filing a human rights complaint (here, we explain how), which may award you money to compensate for your loss of dignity.
This could be considered termination without cause, and you would be entitled to notice or severance pay (check out this page for info on how much). If your employer refuses to pay this, you can file a complaint under employment standards laws.
Know that you can make either or both of the above two complaints, even if you are given your job back. Often, though, it's best to try to resolve these situations amicably. We have resources available to walk you through these sorts of difficult conversations.
If you haven't done so already, consider applying for employment insurance. The EI program provides temporary payments to workers who lose their job through no fault of their own. We walk you through the steps to apply.
David Kandestin
People's Law School