Infectious Disease Emergency Leave Extended To January 1, 2022

On September 16, 2021, the Government of Ontario once again extended the period that the infectious disease emergency leave ("IDEL") will apply pursuant to Ontario Regulation 228/20: Infectious Disease Emergency Leave  under the Employment Standards Act, 2000 (the "ESA"). While previously scheduled to expire on September 25, 2021, IDEL will now extend to January 1, 2022. This recent extension signals the provincial government's efforts to assist employers in managing their workforces with the possibility of rising cases in the coming fall and winter months.

Our previous article provided an overview of IDEL. Put simply, under the IDEL Regulation, non-unionized employees whose wages or hours are reduced or eliminated due to COVID-19 are not considered to have been statutorily laid off or constructively dismissed under the ESA. Instead, such employees are deemed to be on job-protected leave.