July 29, 2020
Important employment standards information related to COVID-19
The Ontario Ministry of Labour, Training and Skills Development recently announced changes to Employment Standards Act (ESA).
As of July 24, 2020, the COVID-19 declared emergency ended in Ontario. As a result, Declared Emergency Leave (DEL) under the Employment Standards Act (ESA) is no longer available to employees as of the same date.
However, employees who had been eligible for DEL may meet the eligibility criteria for Infectious Disease Emergency Leave (IDEL). For example, if the employee is:
The following provisions for non-unionized employees end on September 4, 2020:
Declared Emergency Leave (DEL) is no longer available
As of July 24, 2020, the COVID-19 declared emergency ended in Ontario. As a result, Declared Emergency Leave (DEL) under the Employment Standards Act (ESA) is no longer available to employees as of the same date.
However, employees who had been eligible for DEL may meet the eligibility criteria for Infectious Disease Emergency Leave (IDEL). For example, if the employee is:
- Acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to COVID-19,
- Providing care or support to certain individuals due to COVID-19, including, but not limited to, school or day care closures, or
- Unable to perform the duties of their position due to an order under the Reopening Ontario Act, 2020 (ROA).
“COVID-19 Period” Ends September 4, 2020
The IDEL regulation defines the “COVID-19 period” as beginning on March 1, 2020 and ending six weeks after the day the COVID-19 declared emergency ends. As the COVID-19 declared emergency was terminated on July 24, 2020, the final day of the COVID-19 period – in which the provisions described below apply – is September 4, 2020.The following provisions for non-unionized employees end on September 4, 2020:
- Employees are entitled to IDEL under the ESA if their hours of work are temporarily reduced or eliminated by the employer for reasons related to COVID-19,
- Employees whose hours of work or wages are temporarily reduced or temporarily eliminated by the employer for reasons related to COVID-19 are not considered to be laid off under the ESA, and
- A temporary reduction or temporary elimination in an employee’s hours of work or wages by the employer for reasons related to COVID-19 does not constitute a constructive dismissal under the ESA.