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ARTICLE · 08 MAY 2021

Ontario Paid COVID Sick Leave – Update

Stringer LLP
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We recently issued an update on the new paid COVID sick leave provisions introduced by the Ontario Government. The legislative amendments provide that employees who are "entitled" on April 19

CanadaEmployment and HR
Jeremy Schwartz
Jeremy Schwartz
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We recently issued an update on the new paid COVID sick leave provisions introduced by the Ontario Government.  The legislative amendments provide that employees who are "entitled" on April 19 to take sick leave paid under a contract with their employer, which leave payments are at least equal to the value of the new sick leave entitlement under the Ontario, Employment Standards Act, 2000 (the "ESA"), have those contract sick days deducted from the new ESA Paid COVID sick leave day entitlements, and that employers cannot seek reimbursement for those sick days paid under policy/contract. 

Unfortunately, the new legislative provisions are arguably ambiguous as to whether an employee who is "entitled" to take sick leave under contract/policy for the same reasons as would make them "entitled" under the ESA, but who has already exhausted their contractual paid sick leave bank for the year prior to April 19, 2021, gets an additional three ESA paid COVID sick leave days

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