October 5, 2020
Ontario announces extension of COVID-19 period
The Ontario Ministry of Labour, Training and Skills Development (MLTSD), recently announced an extension of the amendments to the Employment Standards Act (ESA) in response to the COVID-19 pandemic. The amended regulations have been extended to January 2, 2021.
To learn more about COVID-19, employers’ responsibilities and job protections available to employees, visit Ontario.ca/COVID.
During the COVID-19 period (March 1, 2020 to January 2, 2021):
- A non-unionized employee whose employer has temporarily reduced or eliminated their hours of work for reasons related to COVID-19 is deemed to be on a job-protected Infectious Disease Emergency Leave.
- A non-unionized employee is not considered to be laid off under the ESA if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19.
- A non-unionized employee is not considered to be constructively dismissed under the ESA if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19.
Beginning on January 3, 2021:
- Employees will no longer be deemed to be on Infectious Disease Emergency Leave.
- The ESA’s regular rules around constructive dismissal resume. This means a significant reduction or elimination of an employee’s hours of work or wages may constitute a constructive dismissal, even if it was done for reasons related to COVID-19.
- The ESA’s regular rules around temporary layoff resume. For practical purposes, an employee’s temporary layoff clock resets on January 3, 2021.
To learn more about COVID-19, employers’ responsibilities and job protections available to employees, visit Ontario.ca/COVID.