Navigating Employee Accommodations in the Post-Pandemic Workplace

Navigating Employee Accommodations in the Post-Pandemic WorkplaceBack to Sweaters, School, and the Office – Oh My! 

For many, September marks the start of a new year. Yes, yes, we know January is the real first month of the year but September marks the end of summer holidays, kids going back to school, and many workforces who had modified summer schedules tend to resume their regular working hours in the Fall. While these used to be pretty standard and expected changes pre-pandemic, employees are now finding these organizational shifts to be more challenging than ever. In turn, employers are facing new accommodation issues and are trying to keep up. From employees wanting to work from home to family obligations to mental health and stress, here is everything you need to know about accommodating your employees. 

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Infectious Disease Emergency Leave (IDEL): Another Update

Paid IDEL Updated July 21, 2022COVID-19 rules continue to change quickly. In a previous blog, we indicated that the paid Infectious Disease Emergency Leave (IDEL) would come to an end on July 31, 2022, the deemed IDEL would end on July 30, 2022, and the voluntary IDEL would continue so long as the circumstances leading to an employee’s leave continue and COVID-19 is designated as an infectious disease. Though the end date of the deemed IDEL remains the same and the voluntary IDEL continues to have no set end date, the Ontario government has once again extended the paid IDEL to March 31, 2023. Specifically, on July 21, 2022, the Ontario government filed O. Reg. 464/22: Infectious Disease Emergency Leave, which amends O. Reg. 228/20: Infectious Disease Emergency Leave, by extending Ontario’s paid IDEL days until March 31, 2023.

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Unlimited Paid Time Off Policies – Proceed with Caution!

Unlimited Paid Time Off Policies - Proceed with Caution!We’ve been hearing about unlimited paid time off  (PTO) for some time, but it is not yet a common trend in Canada. However, from time to time in our employment law practice, we encounter employers who offer unlimited or unstructured time off to their employees.

At first glance,  unlimited PTO may sound wonderful and generous, and employers may offer it to foster a positive workplace culture and promote work-life balance. However,  without addressing potential issues via contracts and policies, offering unlimited and unstructured time off could cause more headaches than benefits for both the employers and the employees. 

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Parental Leave, EI and Top-Up Basics

As companies struggle to retain their talent in the midst of so many economic and health changes, many are finding new ways to attract and keep employees. A growing number of companies, for instance, are providing their employees with or extending existing pregnancy or parental leave top-up payments to assist families with caregiving responsibilities (present and/or future). 

Pregnancy vs. Parental Leave Basics

First of all, it’s important to distinguish between two commonly confused leaves: pregnancy and parental leave. In Ontario, pregnancy leave is taken by the birthing parent and typically starts before the birth of the child. Parental leave, on the other hand, can be taken by either or both new parents after the birth of the child or when a child comes into the employee’s custody, care and control. Parental leave can also be used by parents who are adopting a child. The birthing parent will typically take a combination of pregnancy and parental leave. These leaves are protected leaves under the Employment Standards Act, 2000 (“ESA”). The ESA sets out the requirements for the leaves, for example, how long an employee must be employed with the employer before they can take the leave, and the employee’s entitlements both during the leave and upon return from the leave. 

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Back at Home: An Update on COVID-19 Restrictions

The Government of Ontario has again released an update on its COVID-19 public health measures and advice. As many of our readers know, given the recent changes in the public health situation, new measures have been implemented and are in effect from January 5 until January 27, 2022. Read on to find out how these new rules, in addition to the temporary closure of schools and mandatory remote learning until January 17, 2022, will impact employers.

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Workplace Law Trends for 2022

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles. 

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.

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