Ontario Introduces Deemed Leave Of Absence In Connection With COVID-19

On May 29, 2020, the Government of Ontario enacted O. Reg 228/20, which expanded the scope of the Infectious Disease Emergency Leave under the Employment Standards Act, 2000 (ESA). The key elements of the regulation are described below.

DURATION AND APPLICATION

The provisions of the regulation are retroactive to March 1, 2020, and will continue until six weeks after the declared emergency is terminated (COVID-19 Period).
 
The regulation applies to all non-union employees, other than employees who:

1. Are dismissed during the COVID-19 Period;
2. Are laid off during the COVID-19 Period because of a permanent discontinuance of all of the employer's business at an establishment;