Ontario Government Extends the “COVID-19 Period” Under the Employment Standards Act to July 2021
In December, the Ontario government passed a new Regulation that further extends the timeline for when temporary lay-offs are deemed permanent job losses.
During the COVID-19 period (March 1, 2020 to July 3, 2021):
• A non-unionized employee is deemed to be on a job-protected infectious disease emergency leave under the ESA any time their hours of work are temporarily reduced or temporarily eliminated by their employer for reasons related to COVID-19.
• A non-unionized employee is not considered to be laid off under the ESA if their employer temporarily reduces or temporarily eliminates their hours of work or wages for reasons related to COVID-19.
• A non-unionized employee is not considered to be constructively dismissed under the ESA if their employer temporarily reduces or temporarily eliminates their hours of work or wages for reasons related to COVID-19.
Beginning on July 4, 2021:
• Non-unionized employees will no longer be deemed to be on infectious disease emergency leave.
• The ESA’s regular rules around constructive dismissal will resume. This means a significant reduction or elimination of an employee’s • hours of work or wages may be considered a constructive dismissal, even if it was done for reasons related to COVID-19.
• The ESA’s regular rules around temporary layoff For practical purposes, a non-unionized employee’s temporary layoff clock re-sets on July 4, 2021.
Learn more about these COVID-19: Temporary changes to ESA rules or read the regulation (O. Reg. 228/20).
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