As the government has moved to address the COVID-19 pandemic, the definition of “critical” services has played a significant role in determining which operations must continue uninterrupted, and by extension which ones must continue being conducted from the workplace rather than home.

Communication from government employers and media has used terms like “essential” alongside words like “critical” and it has created some confusion for members looking to understand how their managers are making decisions and how it will impact working conditions. It has also been clear to many that telework directives have not been applied universally or at the same speed across departments and agencies in the public service. It is extremely worrying for many since this will have significant implications on their health & safety, family life, and overall wellbeing.

We can confirm that PSAC President Chris Aylward and the heads of other federal unions have asked Treasury Board to clarify the meaning of the term “critical service” and how managers are to make staffing decisions based on these designations. Treasury Board has agreed to address this in their upcoming directives.

Essential and critical are not the same thing

The term essential services is meant to be used to describe which employees must continue their work in the context of collective bargaining and potential labour disruptions. Whether a worker has been designated as essential in the past has no part in determining whether they must work from home or the workplace during this global pandemic.

What if I disagree with my manager’s decision?

Some members have reported that they have been asked to continue their operations from their workplace but that they feel they could just as easily do the work from home. In other cases they have been asked to go into the workplace to continue work they don’t think is necessary for critical government operations.

In these cases PSAC would urge members who cannot reach a resolution with their manager to speak with their local union or a representative from their component union for support.

If you are asked to physically go into work you and feel that the appropriate precautions aren’t being taken by the employer, you have the right to refuse dangerous work.

The original version of this article was first posted on the PSAC website.

Brothers and Sisters,

In the past 48 hours, a lot has happened regarding the COVID-19 situation, with new measures being announced frequently and with little detail on how this would impact our membership. In that time, the CIU national leadership has been working hard to get further clarification from the employer to ensure our members would get adequate guidance and equipment to undertake their duties.

The union is therefore glad to report that the office of the Minister of Public Safety and Emergency Preparedness reached out to CIU to discuss measures currently in place. This is an encouraging development, and we welcome this openness to cooperation.

We raised several issues with the Ministry, first of which was our members’ concerns with the government continuing to allow non-essential travellers into Canada from the U.S. at land borders. At the outset, we made our position clear that, in terms of security, the union considers that we are at a stage were the country’s safety would benefit from restricting the entry of non-essential travellers at land borders as well as in airports.

Despite our position, we are sensitive to the circumstances the Minister must contend with. Cross border communities are well established across the two countries, and the Canadian government is trying to work collaboratively with the United States. People work in one country and live in the other. Given the recommendations in both countries that individuals stay at home, self-isolate, and keep at a safe distance from others –  in addition to the closure of non-essential services (theatres, libraries, etc.) – the Canadian government expects the flow of non-essential travellers into Canada will dry up on its own. That being said, they are continuing to monitor the flow and, if non-essential travel does not decline, they will consider options.

We generally agree with the Minister that a balance also needs to be struck regarding trade. There could be severe repercussions for Canadians if food products and other items are prevented from crossing the border.

The union also stressed that our officers are the first line of defense of the country, and as such should be considered as First Responders. This status would go a long way in recognizing the integral role they play in the current situation and in general. We also brought up the need for an adequate number of Personal Protective Equipment at all ports.

We have heard from a lot of members that the practice of flagpoling must stop. We agree and said as much.

Lastly, we discussed the challenges posed by the situation at Roxham Road and COVID-19. We are glad to see that, following this morning’s meeting, the Minister announced this afternoon that asylum seekers crossing irregularly would be quarantined.

In closing, this is a highly unprecedented situation, and I continue to be proud of our members who are there to ensure the safety of Canadians everywhere. Take care of yourselves.

We will make sure to keep you informed should there be new developments.

In solidarity,

Jean-Pierre Fortin
National President
Customs and Immigration Union

Sisters and Brothers,

While yesterday afternoon’s announcement by the Prime Minister regarding increased measures at the border is a step in the right direction to ensure the safety of Canadians, it is still not entirely clear what the operational ramifications will be for our officers. Our national representatives met with CBSA upper management yesterday in order to better understand the situation as it stands. Following our meeting with CBSA, here is what we know, beyond what has been announced in the media:

• The ban announced by the Prime Minister took effect at 00:01;
• Personal protection equipment (PPE) should be allowed in all modes, for all front-line personnel. CBSA will look into creating a guide to ensure PPE is used properly;
• Medical notes will not be required;
• Anyone not ill that has to quarantine themselves because of vacation or work travel will be granted 6990 leave for 14 days, backdated to the date of arrival in Canada, even if they have worked since their return;
• Officers and employees who live in the United Stated and who are not ill will be exempted from the 14-day requirement;
• Employees who cannot work out arrangements (such as shift change or getting assistance from a spouse or an immediate family member) and need to take care of their children will be granted 6990 leave;
• Any operation – non-critical as well as critical – that can be done remotely will be done remotely;
• Courses at Rigaud will be delayed after the current cohort has completed its training;
• Flagpoling, training, telephone reporting, escorting, operations at land borders, marine operations – all of these have not been addressed by CBSA at this point. We stressed the importance of CBSA providing clear guidelines for all employees, and we’re hopeful that the employer will address this in a timely manner.

We realize that the situation remains uncertain for many of our members across the country. It is not an easy situation to navigate, and we are proud to see our members across the country continue to handle this emergency with aplomb. We will continue to put pressure on the employer to ensure that all our members have the support and the guidance they need.

We cannot emphasize enough the need to use the recommended protective equipment – goggles, N95 masks, gloves – for all front-line personnel, and we are glad to see that the employer agrees with us about the necessity of personal protective equipment in all modes. Our members are the first to interact with travellers on Canadian soil, and play a first-line role in the defence against this virus. In looking out for the safety of their fellow Canadians, it is also important for all involved in the response to this challenge to take the necessary measures to ensure their own.

Moving away from the border, we are also glad to see that Treasury Board is encouraging Federal employees to work from home if they can. We realize this may have little impact on those of our members who are on the front-line, but it is a positive development for our Brothers and Sisters elsewhere in the federal workforce.

As always, we will keep you updated as things progress. The situation is quite fluid at the moment, and remains subject to change.

In solidarity,

Jean-Pierre Fortin
National President
Customs and Immigration Union

Sisters and Brothers, the Customs and Immigration Union is monitoring closely the ongoing COVID-19 situation.

We are conscious that the current state of affairs is concerning to all CIU members, be it for the safety of their family or their own well-being. A large number of CIU members are active on the front lines, where they encounter travellers frequently, and where safety is paramount.

We have called on the government repeatedly to improve current measures to ensure proper screening and mitigate risk to our officers, our members, and Canadians everywhere. While our working relationship with CBSA regarding the current pandemic remains fair, we are disappointed in the lack of overall information and guidance provided by other parts of the federal government. We are working diligently to get clear information from CBSA and other agencies on what this unprecedented situation means for all affected members. In terms of recent developments, we now know that international inbound flights will be restricted to certain airports, although exact locations have not been confirmed yet.

At this time, all members should follow established safety protocols. Front line personnel should wear proper equipment, including masks, gloves, and goggles. Stay home if you are sick. We are steadfast in our discussions with management that any preventative quarantine time should be at the employer’s expense, and we are calling upon CBSA management to allow teleworking for all employees who reasonably can. We encourage you to review your rights at work. Contact your Branch President or your local health and safety representatives for assistance.

On the union side of things, we are also taking measures to ensure the safety of our members, our elected officials, and our employees. PSAC has already announced that strike votes and union events are suspended, and we are following suit. Our own union events, such as the upcoming meeting of the National Board of Directors in early April, have been cancelled for the time being.

Again, it bears repeating that the situation is evolving extremely quickly, and information is subject to change. We will make sure to keep you updated based on the information that is available to us.

Jean-Pierre Fortin
CIU National President

Note: This article is being updated regularly by PSAC. Please visit the following page for updated information.

Who is at the highest risk of contracting the virus at work?

Front line workers in direct contact with the public are at the highest risk. This may include airport personnel, border services and immigration employees, teaching assistants, passport offices employees, healthcare staff etc. Anyone who comes in close proximity with a possibly infected individual could be at risk for contracting the coronavirus.

What are the employer’s responsibilities and my rights in the workplace?

There is a general duty on all employers to take all reasonable precautions to prevent harm to employees in the workplace. Employers should have a detailed plan in place to deal with this pandemic and specific protocols, including providing personal protective equipment for workers and the necessary training to use and dispose of that equipment. The approach must be proactive and focus on the protection of the worker.

PSAC is urging all employers to focus on the steps that will be required should the situation escalate within Canada. Employers also have a responsibility to provide appropriate education and training to all of their employees.

Under health and safety legislation, employees have the right to refuse dangerous work.

Workplace health and safety committees have a legal right to participate in the development of any workplace prevention and preparation strategies dealing with the virus.

For more information, consult the Canadian Centre for Occupational Health & Safety.

If you have any questions or concerns about your health and safety at work, speak to a member of your PSAC local or a health and safety representative in your workplace. You can also reach out to your PSAC regional office.

What kind of leave can I take if I am quarantined or forced to self-isolate?

The employer has agreed to our demand to use “other leave with pay” rather than force our members to use sick leave. Treasury Board has said:

Employees that are required by public health officials to self-isolate, if in good health and able to work, will be asked to discuss with their managers the option to telework. If that is not possible, the employees will be granted “other leave with pay (699 code)” as per their collective agreements.

In the event that your collective agreement does not provide alternatives to sick leave as mentioned above and your employer is refusing to grant you paid leave, you are entitled to take sick leave if you are quarantined. Refer to your collective agreement for details.

If you do not have any (or not enough) paid sick leave, you can take unpaid job-protected leave. The Canada Labour Code provides up to 17 weeks of job-protected medical leave. Many provinces have such leave under their employment standards legislation. You can claim Employment Insurance (EI) benefits for periods off work due to illness if your employer doesn’t pay for your sick leave. The Liberal government has recently announced a change to the rules for Employment Insurance (EI) so that workers affected do not have to serve the waiting period to claim EI sick benefits, as well as other measures to help employers and employees. For more information, visit Government of Canada takes action on COVID-19.

If you contract coronavirus at work, you may be able to file a claim for workers compensation benefits. These types of claims were made by healthcare workers during the SARS outbreak. For more information contact your provincial or territorial workers compensation board or speak to a union representative in your local, PSAC regional office, or component.

The union is urging all employers to be flexible in allowing employees to take paid and unpaid leaves or to allow employees to work from home if possible.

Can I telework to avoid exposure to the virus, or if I am ill or quarantined?

PSAC has urged all employers to allow telework wherever possible and Treasury Board has now committeed to being “as flexible as possible” in granting leave and other provisions for our members . They have issued the following statement:

Managers are to consider telework for all employees, at all work sites, and identify an approach that is flexible while ensuring continued critical government operations and services to Canadians.

Federal organizations must identify and determine how to manage through exceptional situations that do not lend themselves to telework such as: critical services requiring on-site presence; security limitations; other operational imperatives where there are no alternatives.

However, if you are ill, you should not have to work, but instead have the right to take sick leave.

In workplaces where telework is not possible, the employer must either allow you to take leave for quarantine or illness and take all necessary measures to ensure that your workplace is healthy and safe in accordance with health and safety legislation.

As well, COVID-19 may be considered a “disability” under human rights legislation, which would then require employers to accommodate you to the point of “undue hardship”. For more information, contact the Canadian Human Rights Commission or your provincial/territorial human rights commission (if you do not work in the federal public service or under federal jurisdiction).

What can I do if my children’s school or daycare is closed?

Treasury Board has said that if employees cannot work because their children cannot attend school or daycare due to a closure or because of attendance restrictions in place in relation to the coronavirus situation, employess will be granted “other leave with pay” (699 code).

The above provisions for disruption of school and daycare operations related to the coronavirus will remain available to employees and managers for the duration of the disruption in the respective jurisdictions but will be reassessed by the Employer on April 10, 2020. 

What rights do I have if a family member is affected by the virus?

Many collective agreements contain provisions for family-related leave. Refer to your collective agreement to determine your entitlements. As well, the Canada Labour Code and employment standards legislation in many provinces and territories contain provisions for job-protected family responsibility leave. If the illness becomes serious, you may also claim benefits for Compassionate Care Leave under your collective agreement and Employment Insurance.

If you are required to take care of a  family member with the virus who is a dependent and you have made reasonable efforts to self-accommodate, the employer may be required to accommodate you up to the point of undue hardship (i.e. flexible work schedule, reduced hour, a different work schedule..etc..). The usual obligations on the employer on the duty to accommodate apply.

Mental health

For government employees: contact the 24-7 Employee Assistance Program (EAP) or your departmental coordinator, access care through the Public Service Healthcare Plan (PSHP), or use the nationwide Specialized Organizational Services (SOS).

What do I do if I face discrimination at work?

If you face discrimination as a result of:

• Having to be in quarantine due to real or perceived illness/disability
• Being out of the workplace due to illness or taking care of sick family
• Being stereotyped or harassed because of your race or ethnic origin
• Any other negative treatment due to a ground of discrimination under human rights legislation

you should speak to your local or component representative about the possibility of filing a grievance and/or human rights complaint.

Members of Asian communities in Canada and around the world have been facing racism and discrimination as a result of misinformation and stereotypes about the communities perceived to be associated with the virus. We want to remind everyone that fear or confusion about this virus should never lead to stereotyping or negative comments or actions towards people because of their race, ethnicity, or place of origin (see the PSAC Anti-Harassment Policy and the Statement on Harassment).

The original version of this article was first posted on the PSAC website.