Tag Archives: COVID

Do Employee Benefits Continue During Pandemic Layoff?

I have been seeing comments and questions from employers who are facing the cancellation of benefits from the provider, on the grounds that the employees are “laid off” and no longer eligible for benefits (due to 13 weeks of layoff). The Ontario Government announced in late May that the “Infectious Disease Emergencies Leave” had been implemented. Under the IDEL, all workers covered under the Employment Standards Act (but not those covered by a union) are considered to be on a protected leave, and not laid off, retroactive to March 1, 2020. Absences from work are eligible for coverage under this Continue Reading »

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 Continue Reading »