September 22, 2021

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On September 16, 2021, the Ontario Government extended the “COVID-19 Period” and the temporary measures introduced by O.Reg. 228/20: Infectious Disease Emergency (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) until January 1, 2022.

Those temporary measures introduced by the Regulation were previously set to end on September 25, 2021.

The Ontario government website advises:

Temporary ESA rules continue

In response to the COVID-19 pandemic, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the COVID-19 period. The temporary rules continue to be in effect until January 1, 2022.“

For further clarification:

“Beginning on January 2, 2022:

Employees will no longer be deemed to be on unpaid infectious disease emergency leave. The ESAs 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 under the ESA, even if it was done for reasons related to COVID-19.The ESAs regular rules around temporary layoff will also resume. For practical purposes, an employee’s temporary layoff clock re-sets on January 2, 2022.

Even though the COVID-19 period ends on January 1, 2022 and non-unionized employees will no longer be deemed to be on unpaid infectious disease emergency leave, when the conditions are met, unionized and non-unionized employees may continue to be eligible for unpaid infectious disease emergency leave if they are not performing the duties of their position for certain”

Please contact me if you have additional questions, would like advice on the specifics of your workplace and employees or for assistance working through any of your staffing matters.