The Ontario government has extended the temporary relief measures under Ontario's Employment Standards Act, 2000 (ESA) set out in O. Reg. 228/20: Infectious Disease Emergency Leave until January 2, 2021.
Therefore for the purposes of the ESA, until January 2, 2021:
The extension of this leave also means the temporary layoff clock for those employees laid off on or after March 1, 2020, will not start until January 3, 2021.
Based on the press release from the Ministry of Labour (MOL), the MOL is taking the position that an employee who elects to keep their child home from school or daycare (even if such institutions are open) may also avail themselves to this leave.
This extension provides timely relief for employers in Ontario who are not yet able to return staff to regular work as a result of COVID-19.
If you require further information on the implications of the extended leave, including its interaction with requests for accommodation under the Human Rights Code of Ontario, please contact a member of our Employment Services group.