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ARTICLE · 09 JUNE 2020

Significant Changes To Ontario's ESA: Leaves, Layoffs, And Constructive Dismissal During COVID-19

On May 29, 2020, the Government of Ontario filed an amending regulation, O. Reg. 228/20 (the "Regulation") to the Employment Standards Act, 2000 ("ESA").

CanadaCoronavirus (COVID-19)

On May 29, 2020, the Government of Ontario filed an amending regulation, O. Reg. 228/20 (the "Regulation") to the Employment Standards Act, 2000 ("ESA"). The Regulation significantly amends the ESA for the period from March 1, 2020 to the date that is six weeks after the day that the current provincial state of emergency is terminated or disallowed (the "COVID-19 Period"). We have summarized the key changes, and their implications for Ontario employers (not including unionized workplaces, which are largely excluded from the amendments), below.

Expansion of Infectious Disease Leave Entitlement – Reduced or Eliminated Hours of Work

As we previously reported, as of January 25, 2020, the following employees were entitled to job-protected, unpaid infectious disease leave if unable to perform their duties due to COVID-19:

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