Temporary Workers During Covid-19

Today migrant groups are gathering around Canada to protest “status for all." The protests have been arranged by Migrant Rights Network who are demanding status for all in Canada including temporary workers and others whose status in

Canada may be coming to an end. We at FH&P Lawyers understand the stress that COVID-19 has put on all Canadians and especially those that are in Canada temporarily and cannot return to their home country during this difficult time.

There seems to be a general lack of information regarding the rights of temporary workers in Canada during COVID-19. So, here are some facts that need to be cleared up:

1. Are temporary foreign works entitled to receive Canada Emergency Response Benefit (CERB) or Employment Insurance (EI) benefits due to lack of work directly related to COVID-19?

Yes. A worker may be eligible for EI and/or CERB. Temporary foreign works are subject to the same eligibility criteria as Canadians and permanent residents. More details can be found on the Canada Emergency Response webpage. (https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance/covid-faq.html)

2. Are temporary foreign workers eligible for CERB or EI during their initial quarantine period?

No. Employers are responsible for paying their temporary foreign workers for a minimum of 30 hours per week during quarantine, at an hourly rate specified in the offer of employment and Labour Market Impact Assessment.

3. Will workers receive health care coverage while they are in Canada, including for COVID-19 related issues?

Temporary foreign workers should receive coverage equivalent to other residents of Canada. For workers in the low-wage and primary agriculture streams, including the Seasonal Agricultural Worker Program, if provincial/territorial health care is not provided from the first day the worker arrives in Canada, equivalent private health insurance must be provided by the employer until the worker becomes eligible for the provincial/territorial plan

In the current context, some private insurers may no longer cover COVID-19 related issues. Some provinces are waiving typical waiting periods for provincial coverage. The Government of Canada is continuing to assess the situation and will work with provinces and other partners to address gaps. In the meantime, existing employer obligations still apply.

If you have questions about your temporary status in Canada during COVID-19, please contact us today for a consultation at imm@fhplawyers.com.