At its inception, the National Lockdown prevented all non-essential employees from going to work. This included domestic workers who travelled to and from work and also those who resided with their employers.[1]
The level 4 Lockdown Regulations reduced these restrictions to some extent. The following domestic workers were entitled to work at level 4: (1) Live-in domestic workers and (2) domestic workers who cared for the sick, mentally ill, elderly, people with disabilities and children. Domestic workers falling outside of these two categories were however precluded from working.
The level 3 Lockdown Regulations (effective 1 June 2020) further reduced the restrictions. In addition to the two categories mentioned above, domestic workers can now return to work if: –
The upshot of the above is that employers who are permitted to return to work themselves can require their domestic workers to return to work at level 3 and below.
Similarly, if a domestic worker lives in the household or takes care of the sick, mentally ill, elderly, disabled or children then he/she can be required to return to work (irrespective of whether the employer has returned to work).
Finally, for employers who are not working themselves, they can nevertheless require their domestic workers to return to work provided that they provide them with private transport at the cost of the employer (including by driving them to and from work).
It must also be remembered that the National Lockdown levels are not
inflexible and consequently it is possible that certain areas / provinces will
revert back to level 4 or level 5 requiring domestic workers who have returned
to work to again cease working.
[1] Given the confusion that reigned at the time, many employers who have so-called live in domestic workers continued to have them work during this period
