Temporary Pandemic Pay FAQs - May 28, 2020

On May 19, 2020 the provincial government announced a temporary pandemic pay program. What are the details?

This flows from the May 7 federal announcement in which provinces and territories were asked to develop plans to cost share wage top-ups for their essential workers. The Government of Canada committed to provide up to $3 billion in support to increase the wages of low-income essential workers. Each province or territory that chooses to participate in the program must bear some of the cost and is individually responsible for determining eligible workers. The May 19 provincial announcement also provided additional details on the temporary pandemic pay program. See the province’s news release with further details provided at: www.gov.bc.ca/pandemicpay

To receive temporary pandemic pay, an employee must:

• Have been working straight-time hours at any point during the 16-week period starting on March 15, 2020, at the height of the province’s response to the pandemic. Casual, on-call, and part-time workers who have worked straight-time hours during this period are also eligible.
• Work in an eligible sector, workplace and role delivering in-person, front-line care in health, social services and corrections.
• Provide additional support and relief to front-line workers by working in ways that directly serve vulnerable populations.

Most employees in the community social services sector are eligible for pandemic pay provided that they:

• are covered by one of the three CSS sectoral collective agreements.
• work in bargaining unit equivalent (BUE), non-union positions.
• worked straight-time hours at any point during the 16-week period starting March 15th; employees on leaves of absences, whether paid or unpaid, are not eligible for pandemic pay during the period of leave. For employees who work primarily remotely, employers are advised to check with their funder(s) on eligibility.

The following persons are not eligible for pandemic pay:

• excluded management staff or fee for service providers.
• employees working in a child care program.
• employees working in a Non-Provincially Funded (NPF) program.
• employees receiving equivalent compensation as part of BC Housing’s Safe Staffing Strategy (see more below).

What are the next steps?

The immediate next step is to begin tracking the hours worked at straight-time rates (not overtime hours worked) starting on March 15th for a 16-week period, for eligible employees. The number of hours worked during this period will be multiplied by $4 to arrive at a lump sum amount for each eligible employee. The funding details are still to be determined, and employers are advised to confirm funding processes with their funder(s) before proceeding. If employers are able, they may divide the lump sum payment into two installments.

We may still have questions on eligibility and what the funding processes will be. Will there be further clarifications coming?

CSSEA has heard many of your questions and concerns since the government announcement. We will continue to work with government to get further clarity on the details of the program, including eligibility and particularly, how/when funding is expected to flow to the agencies.

What amounts are to be deducted from pandemic pay?

As this is a lump sum payment, it is considered earnings for tax purposes. However, it is not subject to pension contributions and it is not factored into benefits accruals like sick leave and vacation entitlement, as it is not considered to be a general wage increase or an ongoing addition to employees’ wages. CSSEA is in discussion with the unions of the bargaining association to determine whether union dues must be deducted. We will issue further directions upon hearing back from the unions.

BC Housing also announced its Safe Staffing initiative a few weeks ago for some of its funded programs. Can we proceed with any of the options outlined in its bulletins?

Yes, employers may proceed with any of the options outlined that best meet their current needs to maintain services and/or to provide compensation to eligible frontline workers. It is important to note that payments to employees for the BC Housing initiative and pandemic pay cannot be stacked.

If an employer chooses to use the BC Housing funding, does CSSEA and the bargaining association still have to negotiate any compensation increases?

It is not necessary to negotiate changes to the terms of the collective agreements, provided that a lump sum payment is made by employers in a similar way to the pandemic pay. If employers wish to implement shift differentials or changes to wage rates, CSSEA would need to enter into negotiations with the unions as this involves amendments to the collective agreements.

Does it matter if an employer pays a BC Housing lump sum based on an amount other than $4/hour? For example, if the lump sum payment is based on $2/hour or $5/hour, must CSSEA still enter into negotiations with the unions because it is not the same amount as the pandemic pay?

No. CSSEA will not need to enter into negotiations as long as a lump sum is paid and the amount is calculated in accordance with BC Housing directions.

We have employees who are currently off work due to child care issues but we will soon need them to return to work. In the past, these employees found alternative child care during the summer months and managed to work. Can we require them to return to work soon?

All staff should be making reasonable efforts to return to work where programs need them to return. This includes making efforts to secure alternative child care. However, as mentioned in a previous bulletin, the Employment Standards Act has been amended to allow employees to take COVID-19 related leaves to care for their children. Employers should continue to engage in discussions with individual employees to assess their ability to return to work as needed, or whether they can be redeployed to work from home, before placing them on a further (time limited and reviewable) unpaid leave.

Public health recommends that medical proof not be provided to employers showing that an employee is medically cleared to return to work after a long absence. This is concerning given the fragility of the individuals we work with. Has this direction changed?

Public health and government officials have asked that employers not burden the health care system and physicians at this time with requests for physician notes. This directive has been applied in all workplaces, including the health sector. Unless there are compelling, individual reasons for making a request in relation to specific programs, we are still recommending that employers follow current directions.

We know that when employees are showing symptoms associated with COVID-19, they are not to be referred to our disability management provider under the Early Intervention Program (EIP). But can we request specific information from employees about their symptoms before placing them on approved sick leave?

It can be frustrating to place employees on approved sick leave without sufficient proof of illness, particularly in the face of information suggesting that the employee is not truly sick. This has been the approach since March when public health and government requested that employers not tax the health care system, as mentioned above. Having said that, if there are circumstances supporting strong suspicions that an employee is not disabled from working but claiming sick leave, employers can continue to apply the usual proof of illness processes that were in place prior to the pandemic.

When can we stop paying premiums for health benefits on behalf of employees on sick leaves not related to COVID-19?

If the leave, whether for sickness or otherwise, is not related to COVID-19, employers are not required to continue employees on benefits after the 20 day LOA grace period. Non-COVID-19 related unpaid leaves were not protected by the temporary amendments to the Employment Standards Act. However, some employers at their discretion, and for compassionate, consistency, or other reasons, kept all employees on benefits after 20 days regardless of the reason for the leave. This approach will be re-assessed by CSSEA at the same time as the temporary amendments under the Act are repealed. Employers are encouraged to continue with their current approaches until then.

If you have any further questions, please contact your CSSEA Consultant/Advocate.