Ontario Extends Infectious Disease Emergency Leave to January 2, 2021

September 8, 2020

The Ontario Government announced today that the infectious disease emergency leave regulation, in effect during the COVID-19 period, is extended to January 2, 2021.

The Ontario Government filed a new regulation, O. Reg. 492/20 which has extended the COVID-19 period to January 2, 2021. The infectious disease emergency leave, which was the subject of our previous blog posts here and here, will therefore remain operative to:

  • Extend job-protected, unpaid leave to individuals unable to perform their duties due to various reasons related to COVID-19;
  • Deem any employees whose wages have been reduced or whose hours of work have been temporarily reduced or eliminated for reasons related to COVID-19, to be on an infectious disease emergency leave, with effect from March 1, 2020; and
  • Provide that those employees whose wages or hours of work are reduced or eliminated are not considered to be on layoff or to have been constructively dismissed (unless as a result of a permanent discontinuance of their employer’s business at an establishment, or if their layoff became a deemed termination prior to May 29, 2020).

The effect of this extension is that employers’ termination and severance obligations, which would otherwise be triggered after 13 weeks in any 20-week period (or 35 weeks in any 52-week period, provided certain criteria set out in the Employment Standards Act are met) of temporary layoff or in the event of a constructive dismissal, will continue to be suspended until the new year.

DISCLAIMER: This publication is intended to convey general information about legal issues and developments as of the indicated date. It does not constitute legal advice and must not be treated or relied on as such. Please read our full disclaimer at www.stikeman.com/legal-notice.

Stay in Touch with Knowledge Hub