• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kissinger HR Services

Human Resources Consultants

  • Home
  • About Us
  • Advice
  • EMPLOYEE RELATIONS
  • HEALTH & SAFETY
  • COVID 19 Supports
  • ASK US
  • Courses
You are here: Home / Blog / New Layoff Rules Mean Terminated Workers Must Be Rehired

Blog, Community Support, COVID-19, Discipline and Conduct, Doctor's Notes and Sick Leave, Employment Law, Health and Safety, Hiring and Recruiting, Topics of Interest · 4 June 2020

New Layoff Rules Mean Terminated Workers Must Be Rehired

Under the newly-announced revision to the Termination provision of the ESA, workers whose hours or jobs have been impacted by the COVID-19 are now considered to be on a protected, Infectious Disease Emergency Leave.

If you have laid off employees, and they will not be able to return to work beyond the previous 13-week limit, they will not be able to sue for constructive dismissal since the pandemic is beyond the control of the employer. The employer is required to maintain the employee as though they are on any other protected leave, such as parental.

If your company has terminated employees as a result of the COVID outbreak, they must be reinstated as employees on the protected leave, unless the employer can prove that the job no longer exists.

The changes to the ESA are retroactive to March 1, and the reinstatement of employment is retroactive to March 19.

Contact us today for help on this important issue!

Share this:

  • Twitter
  • Facebook
  • LinkedIn

Filed Under: Blog, Community Support, COVID-19, Discipline and Conduct, Doctor's Notes and Sick Leave, Employment Law, Health and Safety, Hiring and Recruiting, Topics of Interest Tagged With: COVID, infectious disease leave, layoff, termination

Previous Post: « Changes to 13-Week Layoff Rule
Next Post: HR This Week – COVID H&S Issues and Requirements »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Recent Posts

  • Pandemic Demonstrates Need for Basic Income Program
  • Changes to ESA Effective Dec 17 2020
  • 2021: The Year of Adaptation
  • Have Your Say on Local Transportation!
  • WSIB’s Health & Safety Excellence Program Offers Funds for Compliance

Footer

About:

Privacy Statement
©2021, Kissinger HR Services
All Rights Reserved.

Connect with us:

  • Facebook
  • LinkedIn

Member of The Brantford-Brant Chamber of Commerce

Contact Us:

519.756.0989
Kissinger HR Services
24052-185 King George Rd.
Brantford ON
N3R 7X3

Silver 6 Media webdesign