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ARTICLE · 08 JUNE 2020

COVID-19 Employment Update: Infectious Disease Emergency Leave

Dale & Lessmann LLP
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The Ontario Government passed a new regulation, O. Reg 228/20, that deems non-unionized employees whose hours of work are temporarily reduced or eliminated by the employer ...

CanadaEmployment and HR
Tamara Ramsey
Tamara Ramsey
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On May 29, 2020, the Ontario Government passed a new regulation, O. Reg 228/20, that deems non-unionized employees whose hours of work are temporarily reduced or eliminated by the employer for reasons related to COVID-19 to be on infectious disease emergency leave rather than having been constructively terminated. Reductions in hours and wages for reasons related to COVID-19 do not constitute a layoff or constructive dismissal. This brings more certainty to employers that made the difficult decision to reduce employees' hours or wages in response to COVID-19.

The regulation defines the "COVID-19 Period" as the period beginning on March 1, 2020 and ending on the date that is six weeks after the emergency order declared in respect of COVID-19 is terminated or disallowed. The regulation creates special provisions that modify the Employment Standards Act, 2000 ("ESA") during the COVID-19 Period.

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