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Bulletin on SARS Compensation Policy

What happens to me if I have to be off work for a SARS-related reason? 

The SARS crisis is having an impact on many OPSEU members for different reasons.  There is no question that members who are actually sick will be entitled to compensation, either through Workplace Safety & Insurance Board (WSIB) or their regular sick leave plan. It is less clear what will happen when members are off work either because they are in quarantine, because their workplace is cutting back services as a result of a provincial directive, or for other reasons.

The WSIB is now saying “the Act does not provide coverage for workers who are symptom free, even when quarantined or sent home on a precautionary basis.” (See www.wsib.on.ca)   OPSEU’s position is that ALL members should be “kept whole” (paid what they would normally be paid) throughout this crisis.  We will be urging the government to provide special funding, if necessary, to allow this to happen. Our members are already worrying about their own personal health and safety, especially in health care settings with known SARS exposure, and they should not have to worry about loss of income too. Unfortunately some employers have not been agreeing to this position and we envision battles in the weeks and months to come over this issue.

The chart below describes OPSEU’s position about what should happen in various situations. 

Status of Worker

Public Hospitals

Other Employers

Sick because of work-related exposure to SARS

Employee covered by WSIB (file Form 6).

 

Employee covered by WSIB (file Form 6).

 

Sick because of non-work-related exposure to SARS

Employee covered by sick leave (follow normal procedure).

Employee covered by sick leave (follow normal procedure).

In quarantine because of possible work-related exposure to SARS

OHA has instructed hospitals that employees are to be kept whole.  Should still file WSIB Form 6.

Mixed messages from employers.  OPSEU’s position is for the employee to be kept whole. If employer refuses, member should grieve.  Should still file WSIB Form 6.

In quarantine because of possible non-work-related exposure to SARS

OPSEU’s position is that employees to be kept whole; we are checking to see if the OHA directions cover this too. If employer refuses, member should contact their local steward about grieving. 

OPSEU’s position is for employees to be kept whole. If employer refuses, member should contact their local steward about grieving. 

Sent home by employer for other SARS-related reasons (e.g. closing clinics)

OPSEU’s position is for the employees to be kept whole.

If employer refuses, member should contact their local steward about grieving. 

OPSEU’s position is for the employees to be kept whole. If employer refuses, member should contact their local steward about grieving. 

 

 Health and Safety Index

 

Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8  (416) 443-8888  www.opseu.org