Originally, the Ontario Government’s Infectious Disease Emergency Leave (IDEL) was slated to end September 4, 2020 which would have meant that businesses who still were experiencing low sales could transition employees over the temporary lay-off provisions under the Employment Standards Act (ESA). That is no longer the case.
Ontario has extended the IDEL leave until January 2, 2021. This means that employees need not be taken off IDEL on September 4, 2020. For employers continuing to experience a long-term decline in sales, this means:
- You can keep employees on IDEL up until January 2, 2021 if the lay-off is for a COVID related reason, like a downturn in sales.
- On January 3, 2021, you can move the employee over to the ESA’s temporary leave provisions. Barring other changes or program extensions, this would mean constructive dismissal would occur:
- For employees without paid benefits – 13 weeks after IDEL ends. A Jan 3, 2021 temporary lay-off means constructive dismissal under the ESA after April 4, 2021
- For employees with paid benefits – 35 weeks after IDEL ends. A Jan 3,2021 temporary lay-off means constructive dismissal under the ESA after August 5th, 2021
For further information, please connect with Sebastian Prins at [email protected].