
What are my rights if I get laid off during the coronavirus pandemic for not working, even if I have a doctor's note?
I have not worked for a month.
Legal Topic:
What are my rights if I get laid off during the coronavirus pandemic for not working, even if I have a doctor's note? - Answer
This could be grounds for discrimination on the basis of a disability. At this time, having COVID-19 may amount to a disability. If you got a doctor’s note because you have COVID-19, your employer can’t treat you differently — without justification — than someone who doesn’t have it. There’s also now an unpaid, job-protected leave due to COVID-19 reasons. This means your job has to be there for you when you get back.
Hopefully a discussion with your employer can help to clear this up. If not:
- You can consider filing a human rights complaint (check out option 3 on this page), 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 more 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 already applied for employment insurance, the government advises you should apply for the Canada emergency response benefit (if you’re eligible), and BC’s special worker’s benefit. We walk you through eligibility and the application process here.
Reviewed April 2020