It has come to our attention that several members have been contacted by the School Districts Human Resources Department and asked to disclose information pertaining to their pre-existing medical conditions, or medical conditions of those that they live with.
The Employer is not entitled to ask a worker for a diagnosis. Not in the past, and not at this time either. The acceptable response to an inquiry from H.R. regarding your pre-existing condition would be as follows:
“Yes, I have a pre-existing medical condition that affects me with COVID-19” (FULL STOP)
“Yes, I live with someone who is immune compromised that affects them with COVID-19” (FULL STOP)
Indicate to H.R. that you are more than willing to work from home, if you have the capabilities to do so and if your particular position with the District would allow for that and be creative in your ideas on how you can do that (i.e. E.A.’s can support teacher’s via Team’s with their students).
If the Employer or their representatives continue to pressure you for medical information advise them you would like to speak with your Union representative and will follow up with them via email. Please know that you cannot be disciplined for withholding private medical information for yourself or a family member that you live with.
The Employer is permitted to ask if you have symptoms that pertain to COVID-19 (i.e. fever, dry cough, difficulty breathing), and if you are presenting these symptoms you should remain at home, or if they persist or worsen seek medical attention.
It is the Union’s understanding that if the Employer is not agreeable to you working from home and you cannot come into the worksite due to medical concerns then you will be put on Administrative Leave and paid as though you were working. You are not required to use your sick bank and for now this arrangement should be honoured until April 30, 2020. We cannot speak to what will happen after that date as the Government is going to review what is happening in the various Districts over the next couple of weeks and will provide further direction accordingly.
If you are unclear on any of this please contact your respective Shop Steward or email email@example.com and someone will contact you with further direction.
CUPE 411 Executive