July 20, 2023

As I advised on March 30, the 2023 Ontario Budget of March 23 provided that the Paid Infectious Disease Emergency Leave (Paid IDEL) introduced during the COVID-19 pandemic, would expire on March 31, 2023.

This important reminder regards the deadline of July 29, 2023 for reimbursements.

I have highlighted the information about the deadline in yellow and further information regarding IDEL is in the March 30 email included below.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Reimbursement
With the expiration of the program on March 31, 2023, employers can apply for reimbursement for any eligible Paid IDEL up to and including that date. 

Applications for reimbursement can be made through this link:
https://ontario-covid19-worker-income-protection-benefit.ca/en

Applications must be made within 120 days of the date the employer paid the employee, or by July 29, 2023 (whichever is earlier). The WSIB cannot process applications submitted after 120 days .

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Unpaid IDEL (Infectious Disease Emergency Leave) remains available as Paid IDEL expires March 31.

March 30, 2023

The 2023 Ontario Budget released on March 23, 2023, provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023.

Paid IDEL first became available in April 2021, when the COVID-19 pandemic was having significant impact on all aspects of work and social life.

It required employers to provide employees with up to three days’ pay if they missed work for certain reasons relating to COVID-19.

Reasons for leave included self-isolating, getting tested for COVID-19, awaiting the results of a test; being sick with COVID-19, getting vaccinated, experiencing side effects from a vaccination, getting individual medical treatment for mental health reasons relating to COVID-19, and providing care or support to certain relatives for COVID-19-related reasons.

Eligible employers were entitled to apply for a reimbursement from the Workplace Safety and Insurance Board (WSIB) of payments made to employees who took paid IDEL, up to a maximum of $200 per day per employee.

Paid IDEL, including provision for reimbursement, was extended several times by Regulation. As I advised in July of 2022, Ontario filed Regulation 464/22, amended O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid IDEL until March 31, 2023.

Reimbursement
With the expiration of the program on March 31, 2023, employers can apply for reimbursement for any eligible Paid IDEL up to and including that date. 

Applications for reimbursement can be made through this link:
https://ontario-covid19-worker-income-protection-benefit.ca/en

Applications must be made within 120 days of the date the employer paid the employee, or by July 29, 2023 (whichever is earlier). The WSIB cannot process applications submitted after 120 days .

Unpaid IDEL available for eligible employees
Although Paid IDEL will not be available after March 31, 2023, for as long as COVID-19 is designated an “infectious disease” by O. Reg. 228/20, employees will continue to have the right to take unpaid IDEL if they are not performing the duties of their position for any of the following reasons related to COVID-19:

• the employee is under individual medical investigation, supervision or treatment related to COVID-19; 
• the employee is following a COVID‑19-related order issued under the Health Promotion and Protection Act; 
• the employee is in quarantine, isolation (voluntary or involuntary), or is subject to a control measure implemented as a result of information or directions related to COVID-19, and issued by a public health official, qualified health practitioner, Telehealth Ontario, the government of Ontario or Canada, a municipal council, or a board of health; 
• the employee is under a direction given by their employer in response to the employer’s concern that the employee might expose other individuals in the workplace to COVID-19; 
• the employee is providing care or support to specified individuals (family members) because of a matter related to COVID-19; or 
• the employee is directly affected by travel restrictions related to COVID-19 that prevent them from travelling back to Ontario. 

There is no specified limit to the number of days an employee can be on unpaid IDEL. Employers may ask for “evidence reasonable in the circumstances,” “at a time reasonable in the circumstances,” to verify the unpaid IDEL; however, they cannot require medical certificates.

Please contact me with any questions you may have or for assistance working through your staffing matters.

April 11, 2023

Ontario’s Chief Medical Officer of Health is recommending that individuals in high-risk groups receive their next COVID-19 booster dose this spring if it has been at least six months since their last dose or confirmed COVID-19 infection.

While it is not likely that your employees fall into one of the high risk groups, it is likely that they will have people in their relationships who fall within a high risk group.

This update may protect your employees’ health and reduce absences.

High risk groups are identified as:

• Individuals aged 65 years and older;
• Residents of long-term care homes, retirement homes, Elder Care Lodges, and other congregate living settings for seniors;
• Individuals aged 18 years and older living in a congregate care setting for people with complex medical care needs;
• Pregnant individuals;
• Individuals aged 18 years and older who are moderately to severely immunocompromised; and
• Individuals aged 55 years and older who identify as First Nations, Inuit, or Métis and their non-Indigenous household members aged 55 years and older.

Individuals 5 years and older who have not yet received a booster dose since September 1, 2022, remain recommended to receive a booster dose if it has been at least six months since their last dose or confirmed COVID-19 infection.

Recommendations for other individuals who are not high-risk and have already received a booster since September 1, 2022, will be available closer to Fall 2023.

The full government News Release can be read at »» this link.

Please contact me with any questions you may have or for assistance working through your staffing matters.

October 5, 2022

I know we are all hopeful that the COVID-19 pandemic is behind us.

Unfortunately, public health authorities are virtually unanimous in cautioning that there is still the possibility of a future resurgence in cases this fall or of a new variant of concern.  

They continue to urge that individuals remain up to date with the recommended vaccinations, including booster doses when eligible, and keep up with personal protective habits such as handwashing, wearing high quality and well-fitted masks in poorly ventilated and crowded places, and staying home if they have symptoms. 

For employers, there is the continuing obligation to provide a safe workplace.

The Ontario Ministry of Labour, Immigration, Training and Skills Development has updated its workplace masking guidance to include additional information about mask fit and filtration. 

They have put together a very complete document which offers practical information for employers to help understand what makes masks more effective so you can:

• make decisions about the use of masks in your workplace
• develop or update workplace safety plans and related policies and
• be prepared to respond quickly and minimize disruption from future waves of COVID-19

The document can be found at this link: https://www.ontario.ca/page/using-masks-workplace

I hope you find this information helpful.Please contact me with any questions you may have or for assistance working through your staffing matters.

October 4, 2022

The Public Health Agency of Canada (PHAC) has announced changes to travel requirements and other matters related to COVID-19 which became effective October 1, 2022.

I have provided a brief summary of the changes below.

Click »» here to read the full government announcement.

Entry to Canada
All travellers, regardless of citizenship, will no longer have to:

• submit public health information through the ArriveCAN app or website;
• provide proof of vaccination;
• undergo pre- or on-arrival testing;
• carry out COVID-19-related quarantine or isolation;
• monitor and report if they develop signs or symptoms of COVID-19 upon arriving to Canada.

In addition, air carriers will no longer need to validate if travellers have entered information in ArriveCAN before boarding.

Travel within Canada
Transport Canada is removing existing travel requirements. Travellers will no longer be required to:

• undergo health checks for travel on air and rail; or
• wear masks on planes and trains.

Travellers must follow any provincial or territorial COVID-19 requirements as applicable.

Cruises
Cruise measures are also being lifted, and travellers will no longer be required to:

• have pre-board tests;
• be vaccinated; or 
• use ArriveCAN. 

A set of guidelines will remain to protect passengers and crew, which will align with the approach used in the United States.

Reminders
Individuals are reminded that they should not travel if they have symptoms of COVID-19. If travellers become sick while travelling, and are still sick when they arrive in Canada, they should inform a flight attendant, cruise staff, or a border services officer upon arrival.

Travellers should make informed decisions when considering travel outside of Canada to protect their health and safety. You are encouraged to review the travel advice at https://travel.gc.ca/travelling/advisories for more information on safe travel.

The PHAC also recommends that before Canadians travel to another country, they receive their primary COVID-19 vaccine series and complete any additional recommended doses at least 14 days before their departure, along with any other vaccines required for their destination.

Although masking requirements have been lifted, the PHAC strongly recommends that “all travellers wear high quality and well-fitted masks during their journeys.”

In an accompanying ‘backgrounder’, the Agency also says:
“The COVID-19 pandemic is not over yet. There is still the possibility of a future resurgence in cases this fall or of a new variant of concern. For this reason, it is important for individuals to remain up to date with the recommended vaccinations, including booster doses when eligible, and to keep up with personal protective habits (e.g., handwashing), wearing high quality and well-fitted masks in poorly ventilated and crowded places, and staying home if they have symptoms.”

I hope you find this information helpful.

Please contact me with any questions you may have or for assistance working through your staffing matters.

September 6, 2022

Ontario’s Chief Medical Officer of Health, Dr. Kieran Moore, has announced changes to the province’s public health guidance for COVID-19.

It was also announced that booster shots are now recommended and available for children aged 5 to 11.

As of last week an employee who has tested positive for the COVID virus is no longer required to isolate for five days (other than those in high-risk workplaces such as long-term care homes).

Dr. Moore stressed, though, that they should continue to self-monitor for symptoms and wear a mask for 10 days when in public.

As schools open and the weather beings to change, he recommended that the guidance apply to all respiratory illnesses, including the flu.

Symptoms of COVID-19 include a fever, cough or runny nose, which are also symptoms of other respiratory illnesses. Anyone exhibiting these symptoms is requested to stay home from school, work and social events until the fever is gone and symptoms are improving, along with getting a rapid antigen test or, if eligible, a PCR test.

The government also announced that vaccine boosters are now available for children aged 5 to 11. 

Eligible children can receive their first booster dose at a recommended interval of at least six months following their most recent dose. Parents with questions are encouraged to reach out to their health care provider, the Provincial Vaccine Contact Centre or the SickKids COVID-19 Vaccine Consult Service to make an informed choice for their family.

Click »» here to read the full statement with information on where vaccines are available.

In the statement Dr. Moore “strongly encourages” all Ontarians to take advantage of vaccine and booster doses that are recommended and available to them and to “protect one another by respecting public health guidance, including staying home and taking precautions if you are sick.”

I hope you find this information helpful.Please contact me with any questions you may have or for assistance working through your staffing matters.

August 8, 2022

After two and a half years of dealing with the COVID-19 pandemic I am sure the last thing you want to think about right now is another health issue. However, after speaking with a number of my clients in the public health field, I think it is prudent for you to be aware of the current monkeypox situation and understand that there is a possibility it could be contracted by one of your employees or someone close to them.

Overview
The first thing to know is that this is not a pandemic. Nor has it been declared an epidemic in Canada. On July 23 the World Health Organization (WHO) declared that ‘the global monkeypox outbreak represents a public health emergency of international concern (PHEIC)’.

The WHO defines a PHEIC as ‘an extraordinary event, which is determined to constitute a public health risk to other states through the international spread of disease and to potentially require a coordinated international response’. 

Here at home, the Public Health Agency of Canada (PHAC) noted on the same day that there were 681 confirmed cases across five provinces and that monkeypox cases are “expected to continue to rise as the outbreak evolves”. There are now 957 cases across the country with 449 in Ontario.  

For perspective, when the WHO declared COVID-19 a pandemic in March of 2020 there were 113,000 cases outside China – 13 times as many as two weeks before – and the number of affected countries had tripled from 36 to 114 in the same time period. The most recent weekly figures for COVID-19 in Canada show 28,596 cases for the week of July 24 to July 30, 2022 with 11,341 of these in Ontario.

Monkeypox in Canada
While this monkeypox outbreak is not a pandemic, the virus is obviously no longer confined to countries in Central Africa.

The symptoms of monkeypox are similar to but less severe than smallpox. The case fatality ratio of monkeypox in recent times is 3–6 per cent.

Health Canada advises that monkeypox can spread from person to person through

• contact with an infected person’s lesions or scabs
• contact with an infected person’s body fluids such as blood, saliva, and semen

An infected pregnant person may also pass on the virus to their developing fetus through the placenta.

The US Center for Disease Control (CDC) adds that infection may also spread through touching items (such as clothing or linens) that previously touched the infectious rash or body fluids.

Information is still being gathered on whether an infected person with no symptoms can spread the virus to others and if the virus can spread through respiratory particles, such as from talking, breathing, coughing or sneezing, during close contact.

People at potentially heightened risk of infection include health-care workers, commercial sex workers, and household members and other close contacts of active cases, such as sexual partners.

While monkeypox is extremely painful, most people recover on their own after a few weeks. There is an existing, approved vaccine as well as therapeutic treatments for monkeypox. Supplies are limited at this time but all levels of government are working to secure further inventory. Because of the current supply situation governments are appropriately prioritizing vaccines for those populations currently deemed to be at higher risk.

More information and updated case figures can be found on the Government of Canada web page: https://www.canada.ca/en/public-health/services/diseases/monkeypox.html

For employers
Since the monkeypox virus may be spread through a variety of activities that are not limited to any particular segment of society, anyone can contract the monkeypox virus.

It is unlikely, but possible, that a case of monkeypox could effect one of your employees or one of their family members or close contacts. 

Under the Occupational Health and Safety Act (“OHSA”) employers have a general duty to take every precaution reasonable in the circumstances for the protection of a worker.

Lessons can be learned form the COVID-19 experience to mitigate the possibility of spread and maintain the safety of everyone in your workplace.

Some appropriate steps would be to:

• inform employees of the causes of monkeypox and risk of contracting the virus.
  • This general information page is available on the Government of Canada website:
    https://www.canada.ca/en/public-health/services/diseases/monkeypox/risks.html
• remind employees of respiratory etiquette and hand hygiene, including covering coughs and sneezes with the bend of one’s arm or wearing a well-fitted mask;
• perform routine environmental cleaning, including cleaning and disinfecting high-touch surfaces and objects;
• consider limiting business travel to certain countries or regions;
• advise employees before travelling to take steps such as reporting their travel locations to their employer;
• encourage employees who are sick to stay home
  • Swollen lymph nodes are a symptom of monkeypox, but other symptoms may include fever, chills, headache, muscle and joint pain and exhaustion.
  • People usually develop symptoms 5 to 21 days after being exposed to the monkeypox virus 

In the case of monkeypox infection or suspected infection
Unfortunately, there has been some stigmatization of people who have contracted the monkeypox virus and this may result in employees being hesitant to disclose information about themselves or their friends or family members.

To help ensure the safety of your workplace you should:

• encourage employees to inform you if they are undergoing testing for monkeypox, particularly if there has been contact with others at the workplace and
• encourage employees to inform you if they have a sick family member at home with monkeypox

As with all disclosures of personal medical information you should also assure employees that all information is confidential.

If an employee shows up ill 
Employees who show up in the workplace appearing to have symptoms should be separated from other employees and/or, if appropriate, sent home without delay.

If employee informs you that s/he or a family member at home is undergoing testing for monkeypox.
You should exercise reasonable precautions to assure the safety of other workers and of the workplace in general. Assessing the risk will include considering whether the employee is in close contact with other workers. 

It may be reasonable to require the employee to undergo testing for monkeypox if this is recommended by public health officials.  You can find your local Public Health Unit on this Government of Ontario web page:
https://www.health.gov.on.ca/en/common/system/services/phu/locations.aspx

If an employee refuses to work because of safety concern 
As with COVID-19, this will be a case-by-case determination. In these cases, key legal considerations for employers will be occupational health and safety legislation, employment standards legislation and public health guidance from reputable sources.

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

July 25, 2022.

The Ontario Deputy Premier and Minister of Health has announced that parents and caregivers of children aged six months to under five years will be able to book appointments for the paediatric COVID-19 vaccine as of As of 8:00 a.m. on Thursday, July 28, 2022. 

Immunocompromised youth aged 12 to 17 will also become eligible to schedule their second booster dose (fifth dose) if at least six months have passed since their first booster (fourth dose).

Appointments will be available through the COVID-19 vaccination portal and the Provincial Vaccine Contact Centre, directly through public health units using their own booking system, participating primary care providers and paediatricians, as well as at participating pharmacies and Indigenous-led vaccination clinics.

Click here »» to read the full announcement.

The announcement also notes that the government has extended the COVID-19 Worker Income Protection Benefit to March 31, 2023. Eligible workers can receive up to $200 a day for up to three days if they need to get tested, vaccinated, receive booster shots, self-isolate, or care for a family member who is ill from COVID-19.   

The government will continue to reimburse eligible employers for the paid leave days under the program.Please contact me with any questions you may have or for assistance working through your staffing matters.

July 13, 2022

The Deputy Premier and Minister of Health today announced that fourth doses of the COVID-19 vaccine will be available to all Ontarians over the age of 18 starting on Thursday, July 14, 2022.

Second booster doses are being offered at an interval of five months after an individual receives their first booster dose.

In addition, the availability of free rapid antigen tests for workplaces has been extended to December 31, 2022.

The tests will also be available free to the general public through channels like grocery stores and pharmacies and to schools, hospitals, long-term care and retirement homes and other congregate settings. 

The Deputy Premier notes that most individuals aged 18 to 59 years old will continue to have strong protection more than six months after their first booster dose, but “expanding second booster dose eligibility will ensure that Ontarians can make an informed decision based on their personal circumstances.”

Starting on Thursday, July 14 at 8:00 a.m., eligible individuals will be able to book their fourth dose appointment:

• through the COVID-19 vaccination portal 
• by calling the Provincial Vaccine Contact Centre at 1-833-943-3900
• directly through public health units that use their own booking systems
• through Indigenous-led vaccination clinics  and 
• at participating pharmacies

Click here »» to read the full announcement

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

June 10, 2022

Dr. Kieran Moore, Ontario’s Chief Medical Officer of Health, announced in a statement this week that most masking requirements in the province will expire as of 12:00 a.m. on Saturday, June 11.

He also stated that “While masking requirements are expiring, organizations may implement their own policies.“

Numerous clients have asked me about this aspect of the announcement.

As I have advised in previous emails, every employer has an obligation under the Occupational Health and Safety Act (OHSA) to take all reasonable precautions to protect the health and safety of workers, meaning that an employer can require employees to adhere to safety requirements, so long as those requirements are reasonable.

My clients in the public health sector tell me that the virus is still prevalent and contagious and they continue to predict an upsurge in the fall.

Other clients have indicated that it is difficult to manage their business as staff continue to be off work sick, and in many sectors clients are experiencing difficulty in recruiting workers.

My advice is that you check with your local public health authorities and follow the guidance they provide on these issues. You can find your local office through the government’s Ontario Public Health Unit Locator.

You should also keep a record of that advice. In the event that an employee contests your policy, this evidence can be shown to demonstrate that the policy is a reasonable requirement in exercising your obligation to maintain a safe workplace.

Click »» here to read Dr. Moore’s full statement

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.

April 26, 2022

On April 14 the Government of Ontario filed Regulatiion 346/22 that revokes the remaining COVID-19 regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Reopening Act”). 

The Ontario Chief Medical Officer of Health has issued directives that will remain in effect until at least June 11, 2022 requiring masks in high-risk public settings, such as public transit, health care, long-term care homes, retirement homes, and shelters.

In addition, any employer issued an order or directive by a local public health unit establishing COVID-19 workplace restrictions is still required to comply with those orders.

Aside from these exceptions, there is no regulation-based requirement for masking, physical distancing, and daily worker screening for most workplaces effective April 27, 2022.

However, as these general regulations are lifted, it is important for all employers to remember the obligation to maintain a safe workplace.

The obligation under the Occupational Health and Safety Act (OHSA) is to take all reasonable precautions to protect the health and safety of workers, meaning that an employer can require employees to adhere to safety requirements, so long as those requirements are reasonable.

Those safety requirements could reasonably include masking and vaccination. As I advised in my email of March 21, employers can continue to enforce a compulsory masking policy even though the province is dropping the requirements. 

There are still a considerable number of COVID-19 cases being recorded each day in Ontario, and there are numerous Public Health authorities who advise that masking is an effective strategy to mitigate the spread and consequences of the COVID-19 virus.

The government has also noted that being vaccinated is the best way for us to respond to the Corona-19 virus and its variants to protect ourselves and those around us.

As you evaluate which policies you may wish to continue in your own workplace, my advice is that you check with your local public health authorities and follow the guidance they provide on these issues. You can find your local office through the government’s Ontario Public Health Unit Locator.

You should also keep a record of that advice. In the event that an employee contests your policy, this evidence can be shown to demonstrate that the policy is a reasonable requirement in exercising your obligation to maintain a safe workplace.

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.