I’m pregnant and hesitant to go to work. What are my options?

This blog was originally published in the Globe and Mail on June 7, 2021

I am 20 weeks pregnant and have been working full-time throughout my pregnancy during the pandemic. But in the last two weeks, there have been six new COVID-19 cases at my workplace. I am scared to go to work. What are my options? Am I eligible for EI sickness benefits? If I take unpaid time off from work until the pandemic gets better, will this affect my maternity leave benefits?

Physically going into the workplace during a global pandemic is understandably a scary experience, especially during pregnancy. Legal options for working from home or taking a leave of absence, however, depend on an assessment of the nature of the work and the health risks involved.

COVID-19 variants of concern have, by many accounts, increased the risk of serious illness and death for pregnant women. Your doctor is best situated to assess your health risks.

You may have several options available to you provided your doctor believes you are at heightened risk, and that COVID-19 mitigation measures in the workplace do not adequately address your health risks. You should carefully review any leave provisions in your employment contract.

In Ontario, under the Human Rights Code, your employer must accommodate your pregnancy-related needs to the point of undue hardship. This may include allowing you to work from home if your job can be performed remotely. If not, you can ask for an unpaid leave.

You may be entitled to EI sickness benefits if your doctor believes you are unable to go into the workplace for medical reasons and if you have enough insurable hours. Until Sept. 25, 2021, you will require only 120 insurable hours instead of the usual 600.

If your doctor recommends that you self-isolate during pregnancy, you may be entitled to three employer-paid sick days, and an indefinite unpaid job-protected leave under Ontario’s Infectious Disease Emergency Leave regulations. Unpaid leaves are set to expire on July 2, 2021. Your employer may be required to continue an unpaid leave as an accommodation if the medical necessity continues to exist.

An unpaid leave should not affect your eligibility for EI maternity or parental benefits. However, receiving EI sickness benefits can reduce the maximum weeks you get for parental benefits. Based on when and if you commence your leave, you should speak to Employment and Social Development Canada about the potential impact on your EI benefits.

The above is provided as general information only. Questions related to workplace safety, accommodation under the Human Rights Code, and employment-related benefits may involve complex legal issues. Contact us today if you would like to consult with our lawyers.