We blogged recently that there was ambiguity in
the new amendments to Ontario's Employment Standards Act, 2000
("ESA"), which require employers to provide employees
with up to three paid sick days (up to $200/day) if they miss work
due to certain reasons related to COVID-19.
Although neither the legislation nor the Ministry's website has yet to be updated
to confirm this officially, we understand that some Ministry of
Labour officials have expressed the view that employees who had
already exhausted their contractual paid sick leave entitlements
for the year before April 19, 2021, would be eligible to receive a
fresh entitlement to three, employer-paid COVID sick leave
days.
Such informal statements do not have the force of law.
However, unless/until the legislation is amended to expressly
clarify the issue, it may be advisable for employers to err on the
side of providing the additional sick leave with pay to those
employees who would be so eligible. Of course,
