Infectious Disease Emergency Leave
Deemed Leave Extended
Ontario Regulation 228/20 (the
"Regulation") has been amended by Ontario
Regulation 650/21 to extend
the period of Infectious Disease Emergency Leave ("IDEL")
from March 1, 2020 to January 2, 2022 (the "COVID 19
Period").
Pursuant to the Regulation, certain changes to the
Ontario Employment Standards Act, 2000 are
effective during the COVID-19 Period. Notably, the Regulation
stipulates that where employers unilaterally impose temporary
reductions, or eliminations, of wages or hours of work during the
COVID-19 Period, for reasons related to COVID-19, such acts do not
constitute constructive dismissal pursuant to the ESA unless the
relevant employee resigned in response prior to May 29, 2020.
During the COVID-19 Period, employees are deemed to be on unpaid
IDEL when they are not performing the duties of their position
because their employer temporarily reduces or eliminates their
hours of work for
