{"id":33016,"date":"2020-09-04T18:57:13","date_gmt":"2020-09-04T18:57:13","guid":{"rendered":"https:\/\/toronto-employmentlawyer.com\/?p=33016"},"modified":"2023-12-04T20:26:57","modified_gmt":"2023-12-04T20:26:57","slug":"breaking-ontario-government-extends-infectious-disease-emergency-leave-until-january-2-2021","status":"publish","type":"post","link":"https:\/\/toronto-employmentlawyer.com\/blog\/employment-contracts\/breaking-ontario-government-extends-infectious-disease-emergency-leave-until-january-2-2021\/","title":{"rendered":"Breaking: Ontario Government Extends Infectious Disease Emergency Leave Until January 2, 2021"},"content":{"rendered":"
In response to the unprecedented COVID-19 pandemic, the Ontario government passed a regulation that changed some Employment Standards Act, 2000<\/em> (\u201cESA\u201d) rules during the \u201cCOVID-19 period.\u201d The COVID-19 period defined in the regulation was scheduled to end on September 4, 2020. But the government has now extended the Infectious Disease Emergency Leave in Ontario to <\/strong>January 2, 2021<\/u><\/strong>.\u00a0 <\/strong><\/p>\n
During the new COVID-19 period from March 1, 2020, to January 2, 2021, a non-unionized employee whose employer has temporarily reduced or eliminated their hours of work for reasons related to COVID-19 is:<\/p>\n
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Deemed to be on an unpaid but job-protected Infectious Disease Emergency Leave;<\/li>\n
Not<\/u> considered to be laid off under the ESA<\/em>, and none of their weeks off work (or with less work) count towards the deadline for a temporary layoff under the ESA<\/em>; and<\/li>\n
Not<\/u> considered to be constructively dismissed under the ESA if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19. This means that employees will not be entitled to termination pay or severance pay under the ESA <\/em>even if they experience a significant reduction or elimination of their hours of work or wages, so long as the reduction or elimination was for reasons related to COVID-19.<\/li>\n<\/ul>\n
Beginning on January 3, 2021<\/strong>, after the COVID-19 period is scheduled to end,<\/p>\n
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Employees will no longer be deemed to<\/b> be on Infectious Disease Emergency Leave in Ontario, regardless of whether they have returned to active work,<\/li>\n
The ESA<\/em>‘s regular rules and timelines for a temporary layoff resume. \u00a0This means that an employee\u2019s temporary layoff clock under to the ESA<\/em> re-sets on\u00a0January 3, 2021<\/strong>, and<\/li>\n
The\u00a0ESA<\/em>‘s regular rules around\u00a0constructive dismissal\u00a0resume. \u00a0This means a significant reduction or elimination of an employee\u2019s hours of work or wages can<\/u> constitute a constructive dismissal, entitling the employee to termination pay, and potentially severance pay under the ESA<\/em>, even if the reduction or elimination was related to COVID-19.<\/li>\n<\/ul>\nWith years of experience in this ever-changing area of employment and labour law, we at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you\u2019re looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us\u00a0online<\/a> or by phone at (416) 640-2667 today.<\/section>\n","protected":false},"excerpt":{"rendered":"