Construction employers are being faced with new challenges
during COVID-19. The law appears to be changing on an ongoing basis
and employers need to be on top of those changes.
Employers should note the following changes:
- The Government of Ontario has
released the list of essential workplaces, which includes
construction services and work. This declaration means that these
businesses may continue to operate at this time.
- The Employment Standards Act,
2002 has been amended to provide for an unpaid leave of
absence for employees who are unable to work for enumerated
reasons, including: (i) employees who are in isolation or
quarantine due to COVID-19; (ii) employees who provide care or
assistance to a "specified individual" (e.g., spouse,
child and parent); and (iii) where the employer directs the
employee not to work due to a concern that COVID-19 could be spread
in the workplace. This leave is retroactive to January 25, 2020
under the regulations and will