On September 3, 2020, the Government of Ontario announced that the Infectious Disease
Emergency Leave regulation, which deemed employees who were
placed on a temporary layoff due to COVID-19 to be on a
job-protected leave of absence, will be extended to January
2, 2021. The deemed leave of absence was previously set to
expire on September 4, 2020.
Under the amended regulation (which has not yet been published),
non-unionized employees whose hours of work are temporarily reduced
or eliminated by the employer for reasons related to COVID-19 are
automatically deemed to be on Infectious Disease Emergency Leave,
and the reduction or elimination of hours/wages will not constitute
a layoff or a constructive dismissal under the Employment Standards Act, 2000 (ESA)
until after the regulation expires on January 2, 2021.
Effective January 3, 2021, employees will no longer be deemed to be
on the Infectious Disease Emergency Leave and the ESA's regular
rules regarding constructive dismissal and temporary layoff will
resume.
In light of this amendment, employees who are currently on
the leave of absence, and who cannot be returned to work by
September 4, 2020, will no longer have to be placed on a temporary
layoff.
For more information on the Infectious Disease Emergency Leave,
please see our June 2020 Blakes Bulletin: Ontario Introduces Deemed Leave
of Absence in Connection with COVID-19.
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© 2020 Blake, Cassels & Graydon LLP.
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