Deemed Infectious Illness Emergency Depart Prolonged To 2021
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On September 3, 2020, the Authorities of Ontario announced that the Infectious Illness
Emergency Depart regulation, which deemed workers who had been
positioned on a brief layoff as a result of COVID-19 to be on a
job-protected depart of absence, will probably be prolonged to January
2, 2021. The deemed depart of absence was beforehand set to
expire on September 4, 2020.
Below the amended regulation (which has not but been printed),
non-unionized workers whose hours of labor are briefly diminished
or eradicated by the employer for causes associated to COVID-19 are
routinely deemed to be on Infectious Illness Emergency Depart,
and the discount or elimination of hours/wages is not going to represent
a layoff or a constructive dismissal underneath the Employment Standards Act, 2000 (ESA)
till after the regulation expires on January 2, 2021.
Efficient January 3, 2021, workers will now not be deemed to be
on the Infectious Illness Emergency Depart and the ESA’s common
guidelines relating to constructive dismissal and short-term layoff will
In mild of this modification, workers who’re at the moment on
the depart of absence, and who can’t be returned to work by
September 4, 2020, will now not need to be positioned on a brief
For extra data on the Infectious Illness Emergency Depart,
please see our June 2020 Blakes Bulletin: Ontario Introduces Deemed Leave
of Absence in Connection with COVID-19.
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© 2020 Blake, Cassels & Graydon LLP.
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information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.
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