COVID RELATED | HTW Law - Employment Lawyer

HOW COVID-19 reshapes the landscape of Employment Law

During the COVID-19 pandemic, INFECTIOUS DISEASE EMERGENCY LEAVE (IDEL), O. Reg. 228/20 was introduced. It's a confusing time during the pandemic and everyone could use a little help. Covid-19 has reshaped the landscape of employment law. There are many legislative changes regarding employment laws during this unprecedented time. During the COVID-19 pandemic, INFECTIOUS DISEASE EMERGENCY LEAVE (IDEL), O. Reg. 228/20 was introduced. During this time a non-unionized employee whose employer has temporarily reduced or eliminated their hours of work for reasons related to COVID-19 is deemed to be on a job-protected infectious disease emergency leave and will neither be considered being laid off nor being constructively dismissed. Although most of the time employers do not need to pay benefits for laid off workers, an employee that’s on IDEL is not “considered” being laid off, and thus shall continue to receive benefits.

In September, 2020, O. Reg. 492/20 was introduced where the Ontario Government amended O.Reg. 228/20 to extend deemed emergency leave under Employment Standards Act (ESA) to January 2, 2021. On December 17, 2020, O. Reg. 765/20 was introduced where the Ontario Government further amended O.Reg. 228/20 to extend deemed emergency leave under ESA from January 2, 2021 to July 3, 2021. On or about June 4, 2021, the deemed emergency leave was further extended again. O. Reg. 412/21 was introduced where the Ontario Government further amended O.Reg. 228/20 to extend deemed emergency leave under ESA from July 3, 2021, to September 25, 2021. ​ ​On September 16, 2021, the Government of Ontario further extended the period for the province’s paid infectious disease emergency leave (IDEL) entitlement, in O. Reg. 650/21, from its original expiration date of