ONCE AGAIN Attention Employers with Employees on the IDEL! Deemed IDEL Now Extended to January 2, 2021!

On July 30, 2020, we sent out a note to our clients and readers alerting you all that because the state of emergency in Ontario ended on July 24, 2020, the deemed Infectious Disease Emergency Leaves (“IDEL”) would be ending on September 4, 2020. On September 3, 2020, the Ontario government made another change. The deemed IDEL has now been extended until January 2, 2021. You can check out the Ontario government’s news release and get further details in the Ministry of Labour’s Guide.

So, the clock has been reset once again.

Does This Apply to Me?

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New Government Income Replacement Benefits

Buh-Bye CERB

The federal government has introduced a suite of new income replacement programs which will take over from the Canada Emergency Response Benefit (CERB) once it ends on October 3, 2020. Note that individuals can still apply for the CERB until December 2, 2020, but the benefit application must be for income lost during the time period March 15, 2020 to October 3, 2020. FAQs about the CERB and the various application processes can be found on the government site here. 

Remember that while it has been very easy to get the CERB, it is not properly available to those who refuse to return to work or who quit their jobs because being on the CERB is more lucrative than working.

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A Guide for Employers During COVID-19 – August 27, 2020 update

A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis.  (Last Updated August 27, 2020). Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.

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School Re-Opening and Issues for Employers

In some form or another, it’s looking like in-person learning will be going ahead this school year but that parents can keep their children home if they wish. In many cases, employers whose operations have been remote for the past several months are looking to bring employees back to the office. What if an employee doesn’t want to send their child back to school and subsequently insists that they cannot, therefore, come back into the office to work? What are an employer’s options?

Ask Why

If an employee will not be sending their child to school and insists that they too need to remain at home, ask why. While all things COVID-19 present novel legal situations, and we don’t yet have any certainty on how courts and tribunals will rule, it’s reasonable to assume that if your employee has a legitimate disability-related COVID-19 exposure concern this should be accommodated. Asking your employee why they are not sending their child to school allows them to raise their need for accommodation. 

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Changes to the CEWS

The federal government has passed Bill C-20, An Act respecting further COVID-19 measures, which makes changes to the  Canada Emergency Wage Subsidy (CEWS) program. For those so inclined, here is the full text of the Bill. 

New Criteria for Eligibility

Starting with period 5 (which began on July 5), employers will no longer have to show a decline in revenue of 30%. Most employers (as long as they meet the definition of eligible employer) will be eligible for the CEWS and will not need to show a revenue reduction of 30%, as was previously required.  

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Attention Employers with Employees on the IDEL!

The state of emergency in Ontario ended on July 24, 2020. This means a new clock has started ticking for employers with employees on what were temporary layoffs but were then converted into deemed Infectious Disease Emergency Leaves (IDEL) by O. Reg 228/20. While this sounds confusing, basically if your employees are off work involuntarily (you told them to stop working vs. they asked to take a leave) then they have been on a deemed…

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