The Ontario Government amended a previous regulation to extend deemed infectious disease emergency leave (“IDEL”) under the Employment Standards Act, 2000 (the “ESA”) until January 2, 2021.

This is an update to our previous blog post, Ontario Files New ESA Regulation Affecting COVID-19-Related Leaves, Temporary Layoffs & Constructive Dismissals, where, on May 29, 2020, the Ontario Government filed a new regulation changing the rules regarding employee eligibility for IDEL, temporary layoffs and constructive dismissals under the ESA. The regulation retroactively “deems” non-union employees who were not performing their duties, working reduced hours, or receiving reduced wages (at the employer’s behest) to be on IDEL.

Previously, the regulation dealt with the time period beginning March 1, 2020 and ending “six weeks after the declared emergency ends.” The Government has called this the “COVID-19 Period.” However, the Ontario Government has now extended this “COVID-19 Period” to January 2, 2021.


Continue Reading Ontario Amends ESA Regulation Affecting COVID-19-Related Leaves, Temporary Layoffs & Constructive Dismissals by Extending COVID-19 Period

Ontario Government Declares State of Emergency

The Government of Ontario declared a province-wide state of emergency in an effort to contain the spread of COVID-19. This will impact employers and employees.

The government ordered the closure of all facilities with recreational programs, public libraries, private schools as defined in the Education Act, licensed child care centres, movie and performance theatres, concert venues and bars and restaurants. Bars and restaurants that offer take out or delivery services can remain open for that purpose.
Continue Reading Update on COVID-19: Impact on the Workplace in Ontario

On December 13, 2018, Bill C-86, the Budget Implementation Act, 2018  received Royal Assent. Bill C-86 has a wide ambit given that it primarily implements the February 2018 federal budget plan. Among other things, Bill C-86 makes numerous amendments aimed at “modernizing” the labour standards in the Canada Labour Code (“CLC”). To help federally regulated employers navigate the many changes to the labour standards, we have outlined the key changes to be aware of and what to do about them.
Continue Reading “Modernized” Federal Labour Standards: Key Changes & What to Do About Them

On November 14, 2014, the Supreme Court of Canada issued a three sentence decision that has important implications for Canadian employers who provide “top ups” to employees during pregnancy, parental and adoption leave. This case is significant because it suggests that pregnant employees cannot be denied a parental leave benefit simply because they enjoy a “similar” pregnancy leave benefit. In some cases, this may require employers to provide additional benefits to employees who take both pregnancy and parental leave.
Continue Reading Supreme Court of Canada Confirms Pregnant Employees Are Entitled to Two Periods of “Top Up”