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.
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