The Expiration Of Deemed IDEL

Ontario's Infectious Disease Emergency Leave (IDEL) Regulation expired on July 30, 2022 in accordance with the provincial government's confirming of July 30^th as the end of the official 'COVID-19 period'.

The IDEL Regulation which was filed by the Ontario government under the Employment Standards Act, 2000 ("ESA") on May 29, 2020, provided that an employee in a non-unionized workplace who, at any time during the "COVID-19 period" did not perform the duties of their position because their work hours were temporarily reduced or eliminated by their employer for reasons related to COVID-19, were deemed to be on Infectious Disease Emergency Leave. The IDEL Regulation amended layoff and constructive dismissal rules under the ESA, and in most cases, eliminated temporary layoffs and the risk of a constructive dismissal claim under the statute for the defined "COVID-19 period."