Ontario Extends Deemed IDEL

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O Reg 765/20 extends the COVID-19 period for Infectious Disease Emergency Leave (IDEL) to July 3,
2021

Deemed IDEL Period Extended

On December 17, 2020, the Government of Ontario filed Ontario Regulation 765/20 which amends Ontario Regulation 228/20 (Infectious Disease Emergency Leave). The amendment modifies the definition of “COVID-19 period” by striking out “January 2, 2021” and substituting “July 3,
2021”, therefore extending the “deemed IDEL” period for non-union employees from March 1, 2020 to July 3, 2021.

The amendment modifies the definition of “COVID-19 period” by striking out “January 2, 2021” and substituting “July 3, 2021”, therefore extending the “deemed IDEL” period for non-union employees
from March 1, 2020 to July 3, 2021.

Impact of Deemed IDEL

Lay Off

Employees are not considered to be laid off and are deemed to be on job-protected IDEL where their employer has temporarily reduced or eliminated their hours of work for reasons related to COVID-19

Constructive Dismissal

Employees are not considered to be constructively dismissed under the ESA if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19

Other IDEL Rules Unchanged

Although the time period for “deemed-IDEL” has been extended to July 3, 2021, the amendment does not change the rules regarding employees accessing IDEL if they are:

  • Under individual medical investigation, supervision or treatment related to COVID-19
  • Following an order under the Health Protection and Promotion Act that relates to COVID-19
  • In quarantine or self-isolation implemented as a result of information or directions issued to
    the public related to COVID-19 (whether by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means)
  • Directed by their employer not to work because of COVID-19
  • Providing care or support to a family member related to COVID-19, including, but not limited to, school or day care closures
  • Subject to travel restrictions related to COVID- 19

Note that the above rules will apply as long as COVID-19 is a designated infectious disease and do not expire on July 3, 2021.

The article in this update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hunter Liberatore Law LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hunter Liberatore Law LLP. ©

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