Q I’ve worked at my job for about six years. When the COVID-19 pandemic hit, we switched to full-time remote work. This shift has allowed me to be more involved in my kids’ lives and improved my mental health. Now, my boss is trying to force us to come back into the office three days a week, claiming it’ll help drive sales. Is he allowed to do this?
A As a senior employment lawyer, I frequently hear that remote work significantly improves employees’ work-life balance. It’s interesting that prior to the pandemic this method of work was almost unheard of, and certainly not accepted as a mainstream practice.
In fact, Statistics Canada reports only seven per cent of Canadians largely worked from home in 2016. That figure rose to about 40 per cent in April 2020 but dropped to about 20 per cent in November of 2023.
This means your employer is not alone in requesting that you return to the office. In-person work is an issue even impacting some of the biggest employers in the world.
Amazon CEO Andy Jassy, for example, is facing backlash for introducing a full-time in-office mandate for all employees. The policy is set to come into effect next year and will see employees back in the office five days a week — up from three.
Now, the short answer to your question is yes, your boss has the right to implement a mandatory return-to-office policy, but it must comply with your employment contract, the company’s workplace policies, and applicable human rights laws.
This right especially applies if you were working in person prior to the pandemic, and remote work is not a part of your contract and a temporary measure.
However, if you have a valid and legitimate reason for not returning, such as a health condition or caregiving responsibilities, your employer may need to accommodate your situation, possibly allowing continued remote work or flexible arrangements.
It may also be possible to argue that the fundamental terms of your employment contract have been unilaterally altered to such an extent that you have been effectively terminated. This will, of course, depend on the specifics of your personal situation.
To maintain your mental health, you should consider approaching your manager and presenting ways he could support your return to the office.
This could include negotiating more vacation days or flexible work hours that make commuting easier for you.
If you are not comfortable speaking to your boss, reach out to HR and see what they can do to assist you.
Unions can also play a vital role in return-to-work policies. If you are in one, turn to your union representative to find out if return-to-work policies are covered in the collective agreement and what the process is for filing an accommodation request or grievance.
It is important to note, however, that sometimes the collective agreements may leave decisions up to the employer.
Be sure to carefully read contracts before signing to ensure the work policies align with your needs. If you are unsure, contact an employment lawyer for clarity.
