No, the union won’t be asking you whether or not you intend to get vaccinated. Despite the government’s assurances about mass vaccination, Type A or H1N1 influenza is creating a lot of public controversy over the relevancy of getting vaccinated against this virus. But, in the end, the final decision about whether or not to get vaccinated is totally up to you.

What happens, however, if you have to miss work because you’re contagious?

Recently, the employer issued a directive asking employees who show symptoms of Type A (H1N1) flu not to report to work. Employees who do not report to work, however, would have sick leave credits deducted for these days of absence.

However, clause 20.13 of the urban collective agreement provides that “an employee is entitled to leave with pay for time lost due to quarantine where he or she is unable to work, as certified by a qualified medical practitioner, and granted leave without charge to leave credits.”

The operative word in clause 20.13 is “quarantine,” which refers to the segregation or isolation of a person who can potentially contaminate others.

As provided for in the urban collective agreement, an order by a qualified medical practitioner is all that is needed for an employee to be quarantined if the practitioner certifies that the employee represents a risk of contagion.

This is supported by a formal arbitration decision* in favour of a postal clerk who was quarantined for one week on the order of a qualified physician because the employee had been in contact with his son, who had German measles. The employer refused to authorize the leave under clause 20.13 of the collective agreement. However, the arbitrator decided otherwise and ordered the employer to compensate the employee in accordance with clause 20.13 and to adjust his sick leave credits accordingly.

The decision to “quarantine” an employee can also come from the employer if the latter orders an employee to leave the workplace because he or she might infect others on site. Forcing someone to leave the premises because they represent a risk of contagion is what constitutes “quarantine."

Clause 20.13 of the urban collective agreement can only apply to people who would be fit to work were it not for the quarantine.

An employee can only use clause 20.13 if he or she submits a medical certificate. The medical certificate must state that the employee is unable to work because he or she presents a risk of contagion.

However, it’s still possible for someone who is infected with the virus not to be sick enough to miss work. If an employee is aware of being infected, he or she can use clause 20.13 and ensure that, if they miss work, their leave credits will not be affected. However, the employee will have to present a medical certificate (completed by a qualified medical practitioner) stating that he or she is fit for work but must stay away from the workplace to avoid infecting others.

In other words, a certificate from a qualified medical practitionner (a family physician, for example) is required for an employee to use clause 20.13. The exception is when the employer is the one ordering the employee to leave the premises because of a risk of contagion, even though the employee is fit for work.

Any employees who have reason to believe they are carrying the virus but who think they are fit to work should, before deciding to miss work, promptly see their doctor to get the required medical certificate and use clause 20.13.

This is what the employer neglected to tell you in the information it provided you with on Type A (H1N1) influenza. The employer referred to the loss of sick leave credits, but not to quarantine leave. But then again, health and safety prevention has never been the employer’s forte! It’s “little things” like this that say a lot about the “nice boss.”