Ontario Government Extends Application of Deemed-IDEL Regulations to January 2, 2021

As discussed in our June 8, 2020 post, the Ontario government passed Regulation 228/20 to suspend the application of certain provisions of the Employment Standards Act, 2000 to non-union employees whose hours had been reduced or eliminated or whose wages had been reduced as a result of the COVID-19 pandemic. The most notable impact of that regulation was that non-union employees that would otherwise be considered to be on a “temporary layoff” were instead deemed to be on “infectious disease emergency leave” (“IDEL”).

With the end to Ontario’s declared emergency on July 24 2020, the application of O Reg. 228/20 was set to expire on September 4, 2020, at which time the 13 or 35 week temporary layoff periods under the ESA would begin to run for those employees who have not yet been recalled to work.

On September 3, 2020, the Ontario government announced that the application of O. Reg 228/20 would be extended to January 2, 2021, to permit employers more time to reopen and return to full operations.

We will continue to monitor developments related to the impact of the COVID-19 pandemic on the workplace and will post further updates as information becomes available.

For advice specific to your situation, consider contacting your regular lawyer at Rae Christen Jeffries LLP.