Many workers can’t get COVID tests. What does that mean for paid sick days and other supports?

The public health messaging is clear: stay at home if you can, especially if you're sick. But as the Omicron variant places significant pressure on Ontario's COVID-19 testing capacity, essential workers are facing a new challenge: how to prove they've caught the virus.

That struggle to find tests has sparked worries over workers' ability to access supports - a hurdle in what experts say should be barrier-free access to sick leave and income replacement where needed.

During the crisis that we're in right now, where you have no access to PCR testing and rapid tests, you need a robust paid sick-day policy that can allow people to stay home," said Deena Ladd of the Toronto-based Workers' Action Centre.

With the province's temporary paid sick-day program now extending to July, Labour Minister Monte McNaughton told the Star in a statement that under no circumstances can (workers') employer require a doctor's note or COVID test for them to take this paid time off."

Anyone who thinks their employer has not paid them for the days they are owed should contact our ministry so we can investigate."

A ministry spokesperson said employers may ask workers for evidence that is reasonable in the circumstances" to verify sick days. But given current testing capabilities and guidelines, the majority of employers should not expect a positive COVID-19 test from employees at this time." Workplaces are prohibited from requiring a doctor's note.

Under the benefit program, workers can take up to three days off for COVID-related reasons. Employers then submit claims for reimbursement from the government. So far, there have been around 71,500 claims made - representing just over 300,000 employees, according to the latest data provided to the Star.

But a monthly breakdown shows usage peaked this summer, when the ministry said the majority of workers were using the benefit for vaccine-related reasons." December had some of the lowest sick day uptake to date with just over 6,200 claims.

Ladd called those figures concerning.

What we heard (is that) workers felt safe asking for a day to get vaccinated ... but they're not going to use it when they feel sick," she said. By December when people started to get sick with Omicron they either had run out of three paid sick days, or didn't again feel comfortable asking for them, or just went to work sick."

While the ministry says employers cannot threaten or penalize workers for taking sick leave, precarity and the scarcity of work during lockdown makes people reluctant to miss work" even when sick, said Mariam Muharuma, a long-time restaurant worker and social media director for hospitality non-profit Full Plate.

Priority rapid testing could assist in mitigating the spread of COVID-19," she said.

The province has distributed 55 million rapid tests to date and says it is continuing to deploy as many tests as possible, despite supply constraints. But given those constraints, recent health guidance notes the province is currently prioritizing tests for health care and highest risk settings."

Similarly, the December provincial guidance says PCR testing and contact tracing is now only recommended for specific groups, including those in high-risk environments defined as hospitals, long-term care, congregate living spaces, and other settings" identified by local public health units.

(In a statement to the Star, a Toronto Public Health spokesperson said in addition to high-risk areas outlined by the province, it will also prioritize contact tracing among providers of critical functions" pertinent to community infrastructure and health care.)

With the sheer scale of Omicron infections overwhelming strained health units' case management efforts, individuals with COVID-19 symptoms are now being told to assume they are positive and self-isolate. Alternatively, notes Ladd, workers have to shell out to pay for privately administered PCR tests.

In that context, she remains concerned about workers in sectors like food processing and warehousing - previously epicentres of workplace spread that haven't been specifically designated high-risk.

It's putting all the responsibility on the individual to talk to their employer about their entitlements, to constantly figure out how to self-diagnose themselves, how to make a decision about whether or not they should be going to work," said Ladd.

You cannot put individual responsibility on workers for public health initiatives."

Testing scarcity and weakened contact tracing have other ripple effects. Workers who get sick in workplace outbreaks can file claims to the Workplace Safety and Insurance Board, which may entitle them to income support or health-care benefits. But they must be able to show their workplace was a significant contributing factor to their illness, and that their risk of contracting the virus was higher on the job than in the general public.

In a statement, WSIB spokesperson Christine Arnott said Omicron's exponential spread is creating challenges in establishing work-relatedness when adjudicating claims."

We know that the Ontario government has limited the availability of publicly funded PCR testing. This is only one piece of information we may use to confirm the diagnosis of COVID-19," she said.

As this is a constantly evolving situation, we continue to closely monitor developments and follow guidance from the Ontario government and the Ministry of Health and will adjust our approach as necessary."

Where rapid tests are available, some doctors have taken to Twitter to recommend patients snap a photo of themselves with their results to help document their case.

Strong paid sick leave policies have long been identified as a crucial public health tool to contain the virus, with health and labour experts calling for barrier-free access to at least 10 fully paid sick days legislated by the province.

In addition to the three temporary days available in Ontario, workers can apply for the federal Canada Recovery Sickness Benefit. That provides $450 a week after tax for workers who have a confirmed or suspected COVID infection, less than a full-time minimum-wage job.

Muharuma said she was not asked for documentation when applying for the federal benefit, but noted that the application says supporting evidence might be requested.

It's impossible to get a test," she said. It will definitely be a barrier for somebody."

The Canada Revenue Agency, which administers federal sickness benefit, did not respond to the Star's questions about documentation requirements.

On top of the concerns around accessing supports, testing capacity and contact tracing creates worrying information gaps, said Ladd.

When we actually had the data being collected, we clearly saw where the workplace outbreaks were happening," she said. We clearly saw that it was racialized workers. It was low-income workers. That really shone a light as to where priorities were needed in terms of public policy.

We're moving into a situation where we're completely blind."

Sara Mojtehedzadeh is a Toronto-based reporter covering work and wealth for the Star. Follow her on Twitter: @saramojtehedz