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 January 22, 2021) 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.
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 January 11, 2021) 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.
Photo by Martin Sanchez on Unsplash
We had a feeling this might happen! And it has. The Ontario government has extended the length of the Deemed Infectious Disease Emergency Leave (IDEL) AGAIN! Enacting O. Reg 765/20, amending O. Reg 228/20 both under the Employment Standards Act (ESA).
We have been warning our clients – and webinar attendees – about the upcoming January 2, 2021 end to the Deemed IDEL – it has now been extended to July 3, 2021.
What is a Deemed IDEL?
Employees who were laid off or had their hours reduced from March 1, 2020, until July 3, 2021, are on a deemed IDEL. During normal times, we would consider these employees to just be laid off but these regulations convert any reduction in hours – including all the way to ZERO hours and ZERO pay – to be deemed IDELs and not layoffs.
Photo by August de Richelieu from Pexels
As workplaces re-open, employers are getting all kinds of objections from employees about coming back to work. Common among these are childcare responsibilities. While some daycares and day camps are operating, things are far from normal. What obligation do employers have to accommodate refusals to come back to work due to childcare responsibilities?
Employee Protection Under the Infectious Disease Emergency Leave
In Ontario, employees who claim they cannot work due to childcare responsibilities may have job protection under the Infectious Disease Emergency Leave (IDEL). The IDEL provides job protection to employees who need to take a leave from work to care for their children whose school or daycare is closed because of COVID-19. The Ministry of Labour Guide on this leave also includes day camps being cancelled as a reason for the leave so we can be sure that the protection is meant to be expansive.
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