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ARTICLE · 10 APRIL 2020

COVID-19 – Construction Employers

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.

CanadaCoronavirus (COVID-19)

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

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