Category Archives: COVID-19

Mobilizing Canadian Industry to Fight COVID-19

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

This communique was sent to me by my client Sussex Strategy, a government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. If your business, or a business you know of, has capabilities that can join in this mobilization of industry, please find out more at buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19

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This morning, Prime Minister Trudeau announced a national strategy to mobilize Canadian industry to Fight COVID-19.  The Government will create pathways to deploy resources and to help facilities retool production lines to manufacture medical products and equipment including masks, gowns, hand sanitizer and ventilators. 

Trudeau said “From the very beginning of this outbreak, our priority has been the safety and health of all Canadians. We’re partnering with Canadian industry and business so we can act fast to ensure our health care providers have the products and supplies they need to help Canadians. Together, we are mobilizing all of Canada to fight the spread of the virus.”

The Prime Minister also confirmed that the Canada/US border will close at midnight tonight for all non-essential travel for tourism and recreation. Trade and commerce will continue. 

The strategy focuses on domestic capacity building, innovative solutions, and procurement of essential supplies. Further, it makes available all existing funding programs to help fight COVID-19.

Actions Include

  • Build the industrial capability needed to manufacture critical supplies at scale in Canada. This will be done either by re-tooling the manufacturing lines of existing Canadian businesses or rapidly scaling up the production of those that already produce these products.
  • Refocus Canada’s existing industrial and innovation programs, by adding to their mandate a requirement that they prioritize the fight against COVID-19. This includes:
    • the Strategic Innovation Fund to deliver direct support to Canadian companies for large-scale projects
    • National Research Council of Canada to expedite research and development with small and medium-sized enterprises
    • Innovation Superclusters to tap into a national network of 1,800 members, and Innovative Solutions Canada to help companies commercialize products more quickly
  • Deliver direct support to key Canadian companies that are working on large-scale and later-stage research and development projects aimed, in the immediate term, at producing countermeasures to COVID-19.
  • Challenge innovative companies to develop research-based solutions, technologies, and products that can address a variety of COVID-19 issues. 
  • Source equipment needed to support Canada’s response to COVID-19 here in Canada. The Government of Canada will use existing supply arrangements and innovative, flexible procurement approaches. It is also reaching out to suppliers to identify and purchase equipment, supplies, and services needed for Canada’s response to COVID-19. With a view to longer-term support, the Government of Canada will ensure procurement flexibility to support innovation and build domestic manufacturing capacity to supply critical health supplies to Canadians.
  • Massively scale-up production and help companies retool to shift production to crucial medical supplies
  • Expedite new procurement streams to allow a larger number of businesses to provide larger number of items Canadians needs

Procurement

The Government of Canada reiterated their open procurement call for goods and services that can help fight COVID-19. Below is the link to more information about what products and services the government is looking for and the appropriate forms to submit.

buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19

Ontario Significantly Enhancing COVID-19 Screening Measures and Supports

News Release

March 23, 2020

Ontario Significantly Enhancing COVID-19 Screening Measures and Supports 

Interactive Self-Assessment Tool Now Available to Help Keep People Safe
 

TORONTO — With the increasing severity of the COVID-19 outbreak, Ontario has now launched an enhanced and interactive self-assessment tool. This new easy-to-use tool takes the public through a series of questions to inform those who are concerned they may have contracted COVID-19. In a matter of seconds, this tool will help people determine if they are negative or it will provide them with guidance on where to seek care based on their needs. Critically, the enhanced tool provides the province with real-time data on the number and geography of users who are told to seek care, self-isolate or to monitor for symptoms. This data will help inform Ontario’s ongoing response in order to keep individuals and families safe.

“I encourage anyone who may have been exposed to COVID-19, have symptoms or may have travelled outside of Canada to first self-isolate and then take a few seconds to complete our new online assessment tool,” said Christine Elliott, Deputy Premier and Minister of Health. “This easy-to-use tool, developed with guidance from Dr. Williams, Ontario’s Chief Medical Officer of Health, is a great first step in that process. By answering a few questions, Ontarians will be able to make informed choices about what to do, while the province collects real-time data to enhance our ongoing response.”

The tool guides individuals through a series of questions and, based on their responses, users are provided clear direction on what action to take. These next steps could include: continue to practice social distancing; self-isolate; call a primary care provider or Telehealth Ontario; or in the case of symptoms such as severe difficulty breathing or severe chest pain, call 911 or go to the emergency department.

Those people whose self-assessment shows they may have COVID-19 will be advised to call their primary care provider, who can conduct a virtual assessment by phone or other technology. People can also call Telehealth Ontario at 1-866-797-0000 (24/7), where they can speak to a health care professional about their symptoms. As announced last week, the province is rapidly expanding service capacity to ensure timely responses and has increased Telehealth’s line capacity to more than 2,000 to help manage the high daily call volume.

In some cases, based on the virtual assessment, individuals may be referred by their primary care provider or Telehealth Ontario to one of the province’s 58 assessment centres for an in-person assessment. These centres, which are by referral only, are helping to ease the pressures on hospital emergency departments using innovative care models, including in some cases drive-thru testing.

As part of the investment of up to $304 million to enhance the province’s response to COVID-19, Ontario will be establishing additional assessment centres across the province. The centres are located in dedicated spaces, which will facilitate high-quality care to protect broader patient populations. The 58 centres that have already opened are in several municipalities across the province. 

Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.


QUICK FACTS

  • Ontarians should be practising social distancing to reduce their exposure to other people. Avoid close contact (within 2 metres) with people outside of your immediate families.
  • Anyone who has travelled outside of Canada should:
    • Self-isolate for 14 days when they return. People who are self-isolating should not go to work.
    • Monitor themselves for symptoms of the 2019 novel coronavirus for 14 days after returning to Canada.
    • Contact their primary care provider or Telehealth Ontario at 1-866-797-0000 if they experience symptoms of the 2019 novel coronavirus.
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  • To help prevent the spread of COVID-19, wash your hands often, cough and sneeze into your sleeve or a tissue, and stay home if you are feeling sick.

ADDITIONAL RESOURCES

COVID-19 Update: Amendment to Ontario Employment Standards

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

COVID-19: Employment Standards Amendment Act (Infectious Disease Emergencies)), 2020

This bill was passed March 19 and the Ontario Government has published full details of this amendment on »» this page and has also written a straightforward Explanatory Quote, which I quote below:

The amendments entitle an employee to a leave of absence without pay, starting on the prescribed date, if the employee will not be performing the duties of his or her position because of various reasons related to a designated infectious disease, including that the employee is under medical investigation, supervision or treatment; that the employee is in quarantine or isolation; that the employee is providing care or support to another individual; or that the employee is affected by travel restrictions. Restrictions on the entitlement are specified, and related amendments are made addressing the evidence of entitlement required, when the entitlement ends and the regulation-making powers.

Further to that note, the infectious disease emergency leave is available for employees unable to work for any of the following reasons:

  • The employee is under medical investigation, supervision or treatment for COVID-19.
  • The employee is acting in accordance with an order under the Health Protection and Promotion Act.
  • The employee is in isolation or quarantine in accordance with public health information or direction.
  • The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
  • The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
  • The employee is prevented from returning to Ontario because of travel restrictions.
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Employees will also be able to utilize this leave to care for the following individuals:
The employee’s spouse.

  • A parent, step-parent or foster parent of the employee or the employee’s spouse.
  • A child, step-child or foster child of the employee or the employee’s spouse.
  • A child who is under legal guardianship of the employee or the employee’s spouse.
  • A brother, step-brother, sister or step-sister of the employee.
  • A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
  • A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.
  • A son-in-law or daughter-in-law of the employee or the employee’s spouse.
  • An uncle or aunt of the employee or the employee’s spouse.
  • A nephew or niece of the employee or the employee’s spouse.
  • The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
  • A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
  • Any individual prescribed as a family member for the purposes of this section.

These measures are retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario and the leave is intended to remain in place as long as COVID-19 remains designated as an infectious disease emergency by regulation and the employee remains unable to attend at work due to one of the circumstance outlined above. 

The effect of this is that different employees may have significantly different leave entitlements based on their individual circumstances. 
For example:

  • Employee ‘A’ is required to self-isolate for 14 days, is entitled to a leave for the duration of that period, and may then be able and expected to return to the workplace. 
  • Employee ‘B’ may have care obligations related to a school closure and therefore may be entitled to remain on leave for a significantly longer period of time. 

While employees are not required to provide a medical note if they need to take infectious disease emergency leave, an employer may require that other evidence that is reasonable in the circumstances be provided to justify the leave. This could be a note from the daycare or for evidence that the airline cancelled a flight, but not a medical note.

The introduction of these amendments does not necessarily alter an employer’s existing obligations regarding paid absences under workplace policies or collective agreements. These must be considered before making decisions on staffing reductions. 

I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.



You may also find these online resources helpful in keeping up to date with the COVID-19 situations in Toronto, Ontario and Canada:

COVID-19: Emergency Care Benefits and Support

IMPORTANT: ON MARCH 25, 2020 THE PROGRAMS ON THIS PAGE WERE INCORPORATED INTO THE COVID-19 EMERGENCY RESPONSE ACT. THE MOST UP-TO-DATE INFORMATION CAN BE FOUND »» HERE COVID-19 Emergency Response Act

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

The Government of Canada today announced care and support benefits to workers who are eligible for Employment Insurance (EI), non EI-eligible workers – including workers who are self-employed – and incentives and reliefs to businesses that employ Canadian workers. These are in addition to the changes in EI Sickness Benefits and the Federal Work Sharing program that I outlined in my email yesterday, namely:

  • waiving the mandatory one-week waiting period for EI sickness benefits for workers in imposed quarantine or who have been directed to self-isolate
  • waiving the requirement for a medical certificate to access EI sickness benefits
  • waiving the mandatory waiting period in the Work-Sharing Program so that employers with a recently expired agreement may immediately apply for a new agreement, without waiting between applications.
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Below is a summary of the announcements today that are specifically designed to have a positive impact on worker benefits and employers.

In total Prime Minister Justin Trudeau outlined measures in the COVID-19 Economic Response Plan that will provide up to $27 billion in direct support to Canadian workers and businesses, plus $55 billion to meet liquidity needs of Canadian businesses and households through tax deferrals to help stabilize the economy.

Please click on this link for »» information about all of the announcements made by the Prime Minister this morning.

Emergency Care Benefits

This measure could provide up to $10 billion to Canadians, and includes up to $900 bi-weekly for up to 15 weeks for:

  • EI-eligible and non EI-eligible working parents including those that are self-employed who must stay home without pay because of children who are sick or who need additional care because of school closures.
  • Non EI-eligible workers including the self employed who do not have access to paid sick leave and are
    • Sick, quarantined, or who have been directed to self-isolate
    • Taking care of a family member who is sick with COVID-19, such as an elderly parent or other dependents who are sick

Emergency Support Benefits

These will be delivered through the Canada Revenue Agency to support small businesses, help employers keep people on their payroll and help workers who are facing unemployment and are not eligible for EI.

It will provide eligible small businesses a 

  • 10 per cent wage subsidy for the next 90 days, up to a maximum of $1,375 per employee and $25,000 per employer. 

Employers benefiting from this measure include 

  • corporations eligible for the small business deduction
  • not-for-profit organizations and charities.

Support for Businesses

To support Canadian businesses and help them retain their workers during an uncertain economy and tightening credit conditions, the Government has announced it will allow all businesses to defer, until after August 31, 2020, the payment of any income tax amounts that become owing on or after March 18 and before September 2020. 

This relief will apply to tax balances due, as well as instalments, under Part I of the Income Tax Act. 

No interest or penalties will accumulate on these amounts during this period.

I hope you find this guidance and information helpful and as always, I am available to answer any questions you may have about any employment matter.

I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.

Other resources:

COVID-19 Update: EI Sickness Benefits and Work-Sharing

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

This post contains detailed information regarding the EI Sickness Benefits and Work-Sharing programs in general, but most importantly for these times I would like to inform you about the changes that have been implemented in response to COVID-19.

EI Sickness Benefits Changes

  • The Federal Government has waived the usual one (1) week waiting period, meaning that employees under quarantine or self-isolation will now be able access EI benefits immediately.
  • Also waived is the requirement for a medical certificate signed by a qualified medical professional.
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Federal Work-Sharing Program

  • The mandatory waiting period has also been waived in the Work-Sharing Program so that employers with a recently expired agreement may immediately apply for a new agreement, without waiting between applications.

I hope you find this guidance and information helpful and as always, I am available to answer any questions you may have about any employment matter.

I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.

Employment Insurance (EI) Sickness Benefits
Employment and Social Development Canada COVID-19 web page: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html

What does EI Sickness Benefits provide?

Financial support for eligible workers who:

  • are unable to work for a medical reason (which now includes being subject to quarantine or self-isolation);
  • have experienced a decrease in regular weekly earnings of more than 40% for one week; and
  • have accumulated 600 insured hours of work in the 52 weeks before the start of the claim.

How much can an employee claim and for how long?

  • EI Sickness Benefits pay 55% of an employee’s insurable earnings, up to a maximum of $573 per week, less applicable taxes.
  • Employees can claim these benefits for a maximum of 15 weeks.

What is a waiting period and how has it changed?

A waiting period is a period of time in which an employee does not receive EI Sickness Benefits.

  • Normally, there is a one (1) week waiting period for EI Sickness Benefits, in which an employee would not receive payment. 
    • For example, if an employee were under quarantine or self-isolated for two (2) weeks, they would only receive one (1) week of EI Sickness Benefits.
    • The Government has now waived the one (1) week waiting period. This means employees will now be able to access benefits for their period of absence, up to a maximum of 15 weeks.

Is a doctor’s note required to access EI Sickness Benefits?

Normally, a medical certificate (signed by a qualified medical professional) is required to access the benefits.

  • As of March 11, 2020, the Government has stated that they are waiving the medical note for individuals required to go into quarantine by law or by a public-health official.
  • Should the quarantine period or self-isolation period be extended, a signed medical certificate may still be necessary.

Can Employers top up an employee’s EI Sickness Benefits?

Yes, a Supplementary Unemployment Benefit Plan (SUBP) can be established by an employer to top up employees’ EI benefits during a period of unemployment due to a temporary layoff for, among other things, sickness.

A SUBP should be registered with Service Canada and must meet the requirements set out below, otherwise it will be treated as income and any EI benefits received may be reduced.

  • Article 37(2) of the EI Regulations require that a SUBP:
    • identify the group or groups of employees covered by the plan;
    • cover any period of unemployment by reason of a temporary stoppage of work, training, illness, injury, quarantine or any combination of such reasons;
    • require employees to apply for and be in receipt of benefits in order to receive payments under the plan but may provide for payments to an employee who is not in receipt of benefits for the reason that the employee:
      • (i) is serving the waiting period,
      • (ii) has insufficient hours of insurable employment to qualify for benefits, or
      • (iii) has received all of the benefits to which the employee is entitled;
    • require that the combined weekly payments received from the plan and the portion of the weekly benefit rate from that employment do not exceed 95 per cent of the employee’s normal weekly earnings from that employment;
    • require that payments under the plan be financed by the employer and that the employer keep separate accounts for those payments;
    • require that, on termination of the plan, all remaining assets revert to the employer or be used for payments under the plan or for administrative costs of the plan;
    • require that the plan be submitted to the Commission prior to its effective date and that written notice of any change to the plan be given to the Commission within 30 days after the effective date of the change;
    • provide that the employees have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan; and
    • provide that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

The registration date of the SUBP is the date on which it is submitted to Service Canada’s SUB Program, if all the required conditions are met and all supporting documents are received.

The plan will be registered under the employer’s business number for payroll deductions and a notification of the approval will be sent to the employer. Until a plan is registered, any amounts paid will be treated as earnings and may be deducted from the employee’s EI benefits.

Federal Work-Sharing Program

Employment and Social Development Canada COVID-19 web page: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html

What is work-sharing?

Work-sharing is a program designed to help eligible employers avoid layoffs when there is a temporary reduction in the normal level of business activity (that is beyond the control of the employer). The program is available to both federally and provincially regulated employers.

As a result, Employment Insurance Benefits are provided for eligible employees as income support.

Affected employees must agree to work a reduced schedule and share available work over a specified period of time.

Both the employer and the employee must apply to participate in a Work-Sharing program together.

The mandatory waiting period has also been waived so that employers with a recently expired agreement may immediately apply for a new agreement, without waiting between applications.

How do I know if I am an eligible employer?

To be eligible for a Work-Sharing program, employers must:

  • have been in business in Canada year-round for at least two (2) years;
  • be a private business, publicly-held company or a not-for-profit organization;
  • demonstrate that the shortage of work is temporary and beyond their control;
  • demonstrate a recent decrease in business activity of approximately 10%; and
  • submit and implement a recovery plan designed to return the Work-Sharing individuals to normal working hours by the end of the program.

Employers may not make a Work-Sharing agreement with employees who are:

  • seasonal, or students hired for the summer or co-op term;
  • hired on a casual or on-call basis; or
  • shareholders of the business, whose shares provide them with significant decision making power as to the direction of the company.

How many hours of an employee’s work schedule can be reduced and how long can it last?

A reduction between a minimum of 10% (one half day) and a maximum of 50% (three days).

In any given week, the work reduction can vary depending on available work, as long as the work reduction on average is between 10%-60% for the duration of the program.

The program must have a minimum duration of six (6) weeks and as a result of COVID-19, may last up to 76 weeks (normally maximum 38 weeks).


As you are well aware, many things are changing rapidly in every aspect of our business and personal lives. I will keep you informed of all changes related to Employment and Labour Law and am available to answer any questions that you may have.



You may find these online resources helpful in keeping up to date with the COVID-19 situations in Toronto, Ontario and Canada:

Toronto: https://www.toronto.ca/home/covid-19/

Ontario: https://www.ontario.ca/page/2019-novel-coronavirus

Canada: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html

COVID-19: Temporary Layoffs

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

As COVID-19 continues to have an impact on all of our lives, I know that you are concerned about your business and also about the wellbeing of your employees in the face of unprecedented circumstances.

Temporary layoffs of employees is one of the options you may be considering for your company to help cope with uncertain circumstances.

In the notes below I have outlined the key legal considerations when dealing with temporary layoffs.

You may also have heard of changes to the Employment Insurance Sickness Benefits and the federal Work-Sharing program. I will be sending you information about these programs in another email later today. In the meantime, you may find it helpful to visit the Employment Canada COVID-19 information on this page:  https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html

I hope you find this guidance and information helpful and as always, I am available to answer any questions you may have about Temporary Layoffs or any other employment matter.

What is a Temporary Layoff?

Generally, a layoff is a period when an employer temporarily ceases to provide work and (in most cases) compensation to an employee.

Parties treat the employment relationship as ongoing, with the understanding that work and compensation may resume in the future.

In Ontario, a layoff week is a week where the employee earns less than one half of the amount that they would earn at their regular rate in a regular week or their average earnings for the period of 12 consecutive weeks prior to the layoff period.

Length of a Temporary Layoff

Temporary layoffs are just that – temporary, and indications at this time are that layoffs necessitated by COVID-19 will fit into this criteria. If they do exceed the statutory limit, then an employer will generally be deemed to have terminated an employee’s employment unless an exception applies.

Key statutory time limits are as follows:

  • Temporary layoffs cannot exceed (a) 13 weeks in any period of 20 consecutive weeks, or (b) more than 13 weeks in any period of 20 consecutive weeks but less than 35 weeks in any period of 52 weeks where:
    • the employee continues to receive substantial payments from the employer, or
    • the employer continues to make payments for benefits or a legitimate retirement or pension plan, or
    • the employee receives supplementary unemployment benefits, or
    • the employee would be entitled to supplementary unemployment benefits but isn’t receiving them because they are employed elsewhere, or
    • the employer recalls the employee within a time frame approved by the Director of Employment Standards or as set out in an agreement with an employee not represented by a trade union, or where the employee is represented, as set out in an agreement with the trade union.
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NOTE: You may be exploring the options of reduced business hours that do not meet these legal requirements for a Temporary Layoff. If you are considering options such as this, I encourage you to contact me to ensure that legal requirements and obligations will be met. 

Advance Notice Requirements

There are no advance statutory notice requirements before an employee can be placed on a temporary layoff.

Payment of Employees while on Temporary Layoff

  • Subject to an employment agreement, policy or collective agreement that says otherwise, layoff periods are generally unpaid. 
  • Employees may also, on a voluntary basis, use their vacation time during a period of a temporary layoff to continue to receive pay.
  • Employees on temporary layoff are eligible for Employment Insurance.

Click here for a downloadable template that you can adapt for use when notifying employees of a temporary layoff.

As mentioned earlier, if you are considering the use of vacation time or other options that fall outside the definition of Temporary Layoffs, I encourage you to contact me to ensure that legal requirements and obligations will be met and that you are not open to any future liability.

Are Employers Required to Continue Benefit or Pension Contributions?

In most cases, absent contractual terms to the contrary, employers are not required by statute to continue benefits or pension plan contributions during temporary layoffs. 

This may vary depending on the terms of employment, including applicable employment contracts, collective agreements, employer policies and third-party plans. Please contact me if you have questions about your specific circumstances.

Although it is not required that benefits be continued, I generally recommend that employers consider continuing benefits for the period of the temporary layoff  and do so as long as the employee makes his/her co-payment if there is one.

If the employer makes benefits and pension contributions to the laid-off employees, the allotted time for a temporary layoff may be extended. However, the employee must agree to these payments in lieu of a firm limit on the length of the layoff. Again, please contact me if you require further information about the specifics of your circumstances

Where an employment agreement, workplace policy or collective agreement provides for a greater right to benefit or pension continuance, those contractual terms will prevail.

Do Obligations Change Depending on Number of Employees Temporarily Laid Off?

In Ontario there are no mass or group termination considerations for temporary layoffs, however, should the layoffs extend beyond the allotted time mass termination entitlements may apply. 

What Else Should Employers Know?

A Record of Employment must be issued for each of the employees that are on a temporary layoff to enable the employee to receive Employment Insurance benefits. 
Click here for a downloadable template that you can adapt for use when notifying employees of a temporary layoff.

Employers are encouraged to provide timely, transparent and ongoing communications to their employees in respect of any temporary layoffs, including with respect to any anticipated recall dates or extensions to the layoff period. 

Employers will want to ensure that they have up to date contact information for each affected employee so that communications are effective.

Where temporary layoffs are not otherwise expressly permitted by contract or collective agreement, a layoff may result in the risk of constructive dismissal claims or grievances, even if intended to be temporary.

As you are well aware, many things are changing rapidly in every aspect of our business and personal lives. I will keep you informed of all changes related to Employment and Labour Law and am available to answer any questions that you may have.

I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.

You may find these online resources helpful in keeping up to date with the COVID-19 situations in Toronto, Ontario and Canada:

Toronto: https://www.toronto.ca/home/covid-19/

Ontario: https://www.ontario.ca/page/2019-novel-coronavirus

Canada: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html

Webinar: COVID-19 Ontario Workplace Issues

See these other posts for more COVID-19 Employment Law information:
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» Canada Emergency Wage Subsidy March 30

As you are aware, the circumstances and government responses to the COVID-19 situation in Ontario have been evolving over the past week. The video below captures a presentation I made to employers on March 15, 2020 and provides an overview regarding applicable legislation, rights and obligations.

The content of the video can also be viewed and/or downloaded as a slide presentation in .pdf format. (opens in new window). The .pdf format does not include the questions and answers from the webinar. They can be heard in the video at approximately 35:00 into the presentation.

The video presentation also includes links to important sources of information which I have included at the bottom of this post.

I hope you find this information helpful, and remind and encourage you to observe the recommendations outlined by our public health authorities with the hope that you, your employees, families and loved ones stay safe and healthy.

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Corona virus in the workplace: FAQs

With the increased news coverage and awareness of the coronavirus, now more commonly referred to as COVID-19, you may be receiving questions from some of your employees, and you may have questions yourself about best practices in these times.

The upcoming school break season may also be of concern if employees are planning to travel to other locales.

I have prepared a FAQ sheet with some of the most common questions that employers have asked me over the past few weeks:

  • Do I need to have a ‘Pandemic Policy’?
  • Is an employee required to report relevant symptoms of COVID-19?
  • What should we do if an employee reports relevant symptoms?
  • Can an employee refuse to work if they believe that there may be exposure to COVID-19 in the workplace?
  • Can we require disclosure if an employee plans to travel to a presently  affected area?
  • What can/should we do if an employee does visit a presently affected area?
  • If an employee is required not to attend work, do we have to pay them?
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I hope you will find the FAQ sheet informative and helpful.

If you have any other questions about COVID-19 in your workplace, or any employment law questions in general, please do not hesitate to get in touch with me.

Frequently Asked Questions

Q: Do I need to have a ‘Pandemic Policy’?

There is no obligation to have an official ‘Pandemic Policy’ but there are practices outlined below that you can put into place to help maintain a safe workplace. I also suggest that employees be informed about your company policies regarding:

  • guidelines for every-day precautions
  • reporting of relevant symptoms
  • travel to affected areas
  • quarantines and isolation periods
  • procedures and policies in case of what may be perceived to be unsafe working conditions

General guidelines for every day precautions

The COVID-19 situation provides an excellent opportunity to advise and remind employees about a variety of items. 

  • Both employers and employees are responsible for ensuring the safety of their workplace. As an employer, you should make extra efforts to be aware of employee behaviour and general health.
  • Frequent handwashing is identified as one of the most effective ways to prevent the spread of infection. Consider posting additional handwashing signs and ensure that there is sufficient soap and hand sanitizer. Other good practices are to encourage all employees to sneeze and cough into a sleeve and to avoid touching eyes, nose or mouth.
  • Note: There have been news reports of shortages of hand sanitizer in retail stores, but this should not be a cause for concern. Health Canada advises that ‘washing hands often with plain soap and water for at least 20 seconds’ is an effective precaution.
  • If possible, institute routine cleaning of frequently-touched surfaces in the workplace, including countertops and door knobs
  • You may wish to let employees know about a downloadable poster for home use that provides a colourful graphic reminder of these practices. It is available at  https://files.ontario.ca/moh-coronavirus-pec-poster-en-2020-03-09.pdf
  • The Public Health office of the City of Toronto has an excellent downloadable .pdf of Guidance for Workplaces/Businesses and Employers: https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf
  • Both the Government of Ontario and the Government of Canada host dedicated web pages with the most up-to-date information on the COVID-19 outbreak. The information is available in multiple languages.
  • Health Canada:  https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html
  • Health and Wellness Ontario: https://www.ontario.ca/page/2019-novel-coronavirus

You may find it useful to appoint one or more coordinators who will be responsible for tracking and communicating the latest developments of COVID-19. 

* * *

Reporting of relevant symptoms

Q: Is an employee required to report relevant symptoms of COVID-19?

As noted above, both employers and employees are responsible for ensuring the safety of their workplace and as an employer you may find it necessary to implement reasonable policies and precautions that help ensure that safety. Requiring any employee to report relevant symptoms of COVID-19 is a reasonable precaution.

It is also important to inform employees of what the relevant symptoms may be. Health Canada advises that symptoms are similar to a cold or flu and have included:

    •    fever
    •    cough
    •    difficulty breathing
    •    pneumonia in both lungs

While fever and cough are associated with many infections, it is important at this time to be aware of employees who exhibit these symptoms, as it may effect relations with other workers and with you as the employer.

Q: What should we do if an employee reports relevant symptoms?

If an employee has relevant symptoms of COVID-19, has been in direct contact with someone who has symptoms of COVID-19 or has reason to believe they may have been in contact with someone who has symptoms of COVID-19 they should be denied access to work and directed to contact their doctor and local public health unit.

Information about local health units can be found here: http://www.health.gov.on.ca/en/common/system/services/phu/locations.aspx

In order to protect your workplace from the spread of Coronavirus, employees should not feel that they will be penalized for failing to come to work. An unpaid leave may cause employees to attend work, which could result in a potential contamination of your workforce. 

Depending on the specifics of the situation with your employee(s) and workplace, in these circumstances you may wish to consider

  • Offering employees time off under sick leave or short-term disability.
  • Allowing employees to use vacation days, or lieu days.
  • enabling the employee to work from home

If you have any questions on specific actions beyond these, please feel free to contact me, as each situation is unique and there may be a variety of factors that influence a suggested course of action.  

Q: Can an employee refuse to work if they believe that there may be exposure to COVID-19 in the workplace?

Employees who believe that a condition in the workplace is likely to endanger their health or safety can refuse to work under the Occupational Health and Safety Act.

You may be advised by one of your employees that they are concerned about the possibility of contracting the coronavirus in the workplace and may, in some cases, refuse to work. 

An employer cannot threaten to discipline an employee who refuses to work on this basis, and must comply with employer obligations under applicable occupational health and safety legislation.

  • the employer must investigate the situation immediately and attempt to work out a satisfactory resolution with the employee. 
  • If that is not possible, the employer must notify a Ministry of Labour inspector or officer, as required by provincial legislation.

* * *

Travel to a ‘presently affected area’

Q: Can we require disclosure if an employee plans to travel to a presently  affected area?

An employer cannot prohibit employees from visiting any area during their personal time.

You may wish to inform your employees that an updated advisory of affected areas is available on the Government of Canada’s Travel Advice and Advisories web page: https://travel.gc.ca/travelling/advisories

As of March 10, The Public Health Agency of Canada (PHAC) is recommending that Canadians avoid all cruise ship travel.

Employees should also be made aware that farms or live animal markets are also considered high risk areas.

Q: What can/should we do if an employee does visit a presently affected area?

If an employee reports travel to an affected area you can inquire as to whether they have followed the guidelines set out by Health Canada and Health and Wellness Ontario:

Travellers who return from Hubei province (China) or Iran, where returning travellers are advised to self-isolate should:

  • contact their local public health unit within 24 hours of arriving in Canada
  • stay at home and avoid close contact with others, including those in their home, for a total of 14 days from the date they left Hubei province (China) or Iran
  • contact Telehealth Ontario at 1-866-797-0000 or their local public health unit if they experience symptoms of the 2019 novel coronavirus

Travellers who return from areas under a travel health advisory for COVID-19 should:

  • monitor themselves for symptoms of the 2019 novel coronavirus for 14 days after leaving the affected area

NOTE: The status of these locations may change or more locations may be added. The latest information can be found on the Government of Canada’s Travel Advice and Advisories web page: https://travel.gc.ca/travelling/advisories

It is also reasonable to ask employees to monitor their health with particular attention after any out of province travel, or after visiting a farm or live animal market.

* * *

Quarantines and Isolation Periods

Q: If an employee is required not to attend work, do we have to pay them?

I suggest you contact me if any employee or person related to an employee is placed in isolation or quarantine. Each situation is different. 

The regulations are clear in the case of an employee contracting Coronavirus or isolation/quarantine of an employee or family member:

  • Ontario employees who have accumulated at least two (2) weeks of service with an employer and are unable to attend work for Coronavirus-related reasons (including quarantine) are entitled to take unpaid sick leave under the  “Ontario ESA”) for up to three (3) days.
  • Additionally, employees may qualify for up to three (3) days of family responsibility leave to care for an ill family member.

Coronavirus should fall within the parameters of an employer’s sick leave or short-term disability policies. However, employees who are quarantined without Coronavirus-related symptoms may not necessarily be eligible for benefits, depending upon the wording of the specific plan.

Employers should ensure that policies on various sick and caregiver leaves are readily available to employees, and that employees understand they will not be penalized for absenteeism related to controlling the spread of Coronavirus.

If in doubt about the applicability of a leave, employers should exercise good judgment in encouraging symptomatic employees to stay home, rather than risk contamination of the workplace.

It is my sincere hope that your workplace follows the preventive measures outlined by the public health authorities and that you do not need to address the issue of an employee contracting the COVID-19 virus or coming into close contact with someone who has.

Prevention is literally the best cure, but should  any situation arise in which you would like more information and guidance regarding the employment law aspects, please do not hesitate to contact me. 

Coronavirus and the importance of a strong public health care system.

As you may know, in my practice I represent the Association of Local Public Health Agencies  (alPHa), the umbrella organization for the 35 public health units in Ontario. I represented alPHa at the Walkerton Water Inquiry. 

Public health provides the foundation for the quality of life that we enjoy in Canada and Ontario. I am honoured and proud of my small involvement. Most of the time public health is invisible. 

It is times like the current coronavirus situation that the role of public health comes to the attention of most of us. The following article by the Toronto Star’s Shawn Micallef recounts the role of Dr. Sheela Basrur  in the SARS crisis and also provides a succinct overview of the role of public health and the importance of maintaining a strong public health system that at this time I want to share with you.

I have provided an excerpt from the article and encourage you to click on the link to read the full article about the inspiring courage and dedication of Dr. Basrur.

Why Sheela Basrur, the doctor who guided us through the SARS crisis, is a Toronto hero 

From the Toronto Star, February 1, 2020 by Shawn Micallef. Shawn Micallef is a Toronto-based writer and a freelance contributing columnist for the Star. 

She’s one of Toronto’s great heroes.

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Nearly every day during the height of the SARS outbreak in 2003, Dr. Sheela Basrur, Toronto’s then medical officer of health, led a news conference that told the city what was being done and what people could do.

It was broadcast on multiple channels and it was not uncommon to find people gathered around TV screens in public watching, as if it was the moon landing, though the collective interest was motivated by fear rather than wonder.

One thing people could do themselves was not panic, and Basrur was the epitome of fact-based calm. She was the one who kept Toronto together during an extremely difficult time.

The effects of SARS on the city can’t be underestimated, and went well beyond the emergency measures at area hospitals. Retail was hurt. Tourism dried up. Hot Docs, the documentary film festival, had to scramble to fill places on discussion panels because people opted not to make the journey to Toronto.

The World Health Organization even issued a non-essential travel warning for Toronto, prompting one of then-mayor Mel Lastman’s infamous quotes. “Who is the WHO?” he said on CNN. “They don’t know what they’re talking about. I don’t know who this group is. I never heard of them before. I’d never seen them before.”

There was additional fallout. A 2004 report titled “Yellow Peril Revisited: Impact of SARS on the Chinese and Southeast Asian Canadian Communities” by researcher Carrianne Leung looked at the “social crisis” that came along with the health crisis. This included alienation, discrimination and harassment of Chinese and Asian Canadians as well as economic impacts on their businesses and job prospects. The crisis also “took a mental, psychological and emotional toll on members of these communities.”

Sadly, history seems to be repeating itself with the ongoing coronavirus outbreak.

Basrur would go on to be chief medical officer for Ontario but died in 2008 at age 51 from cancer. There ought to be a major memorial for her in this city. Right now, a tree planted near the northeast corner of Queen’s Park Crescent and Grosvenor Street has a small plaque dedicated to her, but I’d donate money for a fitting, bigger and more prominent memorial.

Please click here if you would like to read the full article on the Toronto Star website.

COVID-19 Resources and Links

November 25, 2020

As the response to the COVID-19 pandemic from public health authorities and different levels of government continues to evolve, I thought it might be helpful for you to have a resource with links to the most up-to-date data, programs and information about employment law. This page will be updated as required.

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