Happy Halloween weekend everyone – hope you’re all faring well in these uncertain times….
In Ontario, there has been a steady, albeit expected, rise in average new COVID-19 cases this fall, a modified shutdown, and many legislative and government support updates to both employers and employees since my last blog post in late September. Examples of the latter include:
Employer Updates:
- Mandatory daily screening for workplaces in Ontario was implemented end of September for any “workers” or “essential visitors” entering the work environment. This includes staff, students, contractors or volunteers, as well as service providers. It does not include “patrons”. The minimum of 3 required screening questions relate to symptoms, travel and close contact and should be asked before entering the workplace and a mechanism in place to ensure individuals stay home and isolate if their screening is rejected. Many employers are using automated forms such as Google forms, MS forms, Formstack etc., for efficiency of use and record keeping.
- Canada Emergency Commercial Rent Assistance (CECRA) directed to landlords has ended. October 30 was the last day to apply which covers rent up to September, 2020. A new benefit, Canada Emergency Rent Subsidy (CERS) replaces the CECRA. It will provide support rent and mortgage support directly to tenants and property owners (details to be announced) until June, 2021 for qualifying organizations. Claims can be made retroactively for the period beginning September 27, 2020 to October 24, 2020.
- Canada Emergency Wage Subsidy (CEWS) will be extended until June, 2021 (further details to be provided)
- Canada Emergency Business Account (CEBA) – An additional interest free loan of $20,000 will be accessible for eligible businesses and not-for-profits, effectively increasing CEBA loans to up to $60,000 from $40,000, of which a total of up to $20,000 would be forgiven if the balance of the loan is repaid before December 31, 2022. The application deadline for CEBA is being extended to December 31, 2020.
Employee Supports:
- The CERB expired September 26, 2020, and was replaced by new temporary benefits, available from September 27, 2020 to September 25, 2021: the Canada Recovery Benefit (CRB) – $500.00 per week bi-weekly for up to 26 weeks, the Canada Recovery Sickness Benefit (CRSB) – $500.00 paid sick benefit per week for up to 2 weeks, and the Canada Recovery Caregiving Benefit (CRCB) – $500.00 per week bi-weekly for up to 26 for individuals unable to work significantly due to providing care for a child or family member impacted by COVID-19.
Meanwhile, working from home has become the new normal, and “hybrid” models of work at a workplace combined with remote work are becoming the new trend.
Given the months of uncertainty still ahead due to the pandemic, some large organizations are doing elaborate modeling to determine workforce planning based on projected revenues and costs and infinite what-if’s, and who needs to be in the workplace vs work remotely, resulting cost savings etc.
Small to medium size organizations with fewer resources can still come up with a framework to determine who comes back to work when, and how to work safely and productively remotely meantime.
As part of risk management, it’s always wise to do business continuity planning for unforeseen or unwelcome events and interruptions. Otherwise you are figuring things out on the fly, such as we have all been doing the last few months! Even if you have a plan, the situation with COVID-19 is constantly changing, and could get worse before it gets better. Having some decision-making criteria and contingencies set up in advance alleviates some stress and minimize gaps in productivity and other risks.
Business continuity plans include many factors such as technology (access, data storage, security, infrastructure etc.), the workplace itself, staffing (type and number), vendor and client relationships and communications etc.
You should absolutely give yourself and your staff a pat on the back for adjustments you have already successfully made during this challenging time, and keep finding opportunities to celebrate those wins! More on maintaining your organization’s culture during COVID in an upcoming blog.
In terms of emergency staffing, you should at least determine your key employees/roles – and ensure cross training and access for back-up coverage in the event someone becomes ill, takes leave, vacation or leaves the organization entirely. (Note: succession planning falls in the business continuity category, but has a longer term view than emergency back-up.)
You should consider who can provide coverage within your organization, whether temporary services can fill a void (and from where – do you have a ready source), and how long it would take to onboard and train a new staff member.
If operating costs are an issue, look at the cost-benefit of termination vs layoff vs salary reduction, taking into account whatever government aid is available. Are the tasks/responsibilities of each role essential? Can others in your organization provide coverage, and for how long? Can roles be restructured? What burden would layoff or termination place on other staff? Can you keep staff employed and engaged, with government aid and perhaps some shared sacrifice, vs layoffs or terminations?
Policy updates also need attention, with best guesses in many areas. A recent webinar by the Employment Law Alliance provided many thought-provoking questions, and not many answers, because we don’t know yet how some of these new risks will play out once challenged in court, and which will become common practice. Examples include:
- Who should pay for equipment if a staff member needs an ergonomic chair or desk? What is the potential risk if staff are allowed to take chairs, desks and other equipment home from the office?
- Is the employer liable if an employee has an accident at home while working? What are the differences in potential liability if work from home is required vs requested? There are fewer employer obligations if it is requested, but not erased.
- There are indications that law and policy on sexual and other harassment, and workplace violence, does extend to remote workplaces, so employers should ensure there are discreet and secure ways to report this remotely.
- Does sales or marketing from home makes it a commercial establishment?
- Privacy and IT policies should also be addressed regarding remote working. Some organizations already had rigourous standards, firewalls and VPN’s, but there are new risks to companies and employees, and new expectations to establish, with increased reliance on videoconferencing, for example.
- If employees are using their own computer equipment, there are no controls over home systems or firewalls. Can the IT department run forensics on a home computer if there is a suspected cyber attack? At minimum, staff should be reminded in the policy to log off, change passwords, and maintain privacy and security of confidential information if sharing space. There may also be minimum home internet requirements, and if so, who pays for that?
- Some employers are offering an allowance for home office equipment, some are managing case by case as a business expense.
These are the kinds of questions that would keep me up if I were still an in-house HR professional! My intent is not to scare you, but rather encourage some time with your team to address these issues together. Collaborative risk identification, planning and preparation can keep those hamsters off the wheel in the middle of the night, and help connect your team and build management capability.
Ultimately my advice is control what you can, and be extra kind and patient with each other. Going the extra mile for your staff will both minimize risk and boost morale, both of which offer greater rewards in the long run – and the short run.
RESOURCES:
Updates to government aid to businesses: