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ARTICLE · 07 SEPTEMBER 2020

Deemed Infectious Disease Emergency Leave Extended To 2021

Blake, Cassels & Graydon LLP
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Effective January 3, 2021, employees will no longer be deemed to be on the Infectious Disease Emergency Leave and the ESA's regular rules regarding constructive dismissal and temporary layoff will resume.

CanadaEmployment and HR
Blakes Employment & Labour Group
Blakes Employment & Labour Group
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On September 3, 2020, the Government of Ontario announced that the Infectious Disease Emergency Leave regulation, which deemed employees who were placed on a temporary layoff due to COVID-19 to be on a job-protected leave of absence, will be extended to January 2, 2021. The deemed leave of absence was previously set to expire on September 4, 2020.

Under the amended regulation (which has not yet been published), non-unionized employees whose hours of work are temporarily reduced or eliminated by the employer for reasons related to COVID-19 are automatically deemed to be on Infectious Disease Emergency Leave, and the reduction or elimination of hours/wages will not constitute a layoff or a constructive dismissal under the Employment Standards Act, 2000 (ESA) until after the regulation expires on January 2, 2021.

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