In response to the ongoing COVID-19 pandemic, Ontario has extended the Infectious Disease Emergency Leave (IDEL) to January 1, 2022, which was previously expected to end on September 25, 2021. The new extension is the fourth extension of IDEL, which was first introduced in May 2020.
The IDEL allows employers the flexibility to temporarily reduce or eliminate non-unionized employees’ hours of work in order to respond to the unpredictable nature of COVID-19 outbreaks. Non-unionized employees are not considered to be on a temporary layoff or constructively dismissed under the Ontario Employment Standards Act, 2000. If the IDEL is not extended again, then employers will either have 13 weeks or 35 weeks from January 1, 2022 to recall their employees, after which time, the employees will be considered to be terminated under the ESA.
Please review our blog post, where we outline a recent Ontario decision where the Court determined that an employee on IDEL was constructively dismissed at common law.
If you are an employee who has been laid off during the pandemic, it may be a case of constructive dismissal and you may have reason to sue under the common law. If you are an employer who has made the mistake of laying off employees during the pandemic and you are now facing legal challenges, it is important to consult with an employment lawyer as earlier as possible who can help you bring these complaints to a quick resolution.
Please note that this article is for informational purposes only and does not constitute legal advice. If you have questions about your employment rights and responsibilities during COVID, our lawyers are here to help. Contact Minken Employment Lawyers today to schedule a consultation.
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