On December 7, 2021, the Ontario government announced that it is extending the Infectious Disease Emergency Leave Regulation (IDEL) that was set to expire December 31, 2021, until July 31, 2022. 

Temporary relief measures from the termination and severance requirements in the Employment Standards Act are being extended until July 30, 2022. These measures allow an employer to temporarily layoff their staff for longer than the 13 weeks stipulated in the ESA for reasons related to COVID-19 without the layoff being considered a constructive dismissal. The same is true for employers who reduce employee hours because of COVID-19.

If you lost your job, were placed on temporary leave or your hours were drastically reduced because of COVID-19, speak to one of the leaders in employment and disability law to ensure that your rights weren't violated and that you receive all the severance and compensation you are entitled to.

What is IDEL?

In March of 2020, the Ontario Government implemented the Infectious Disease Emergency Leave Regulation to allow employees to take unpaid, job-protected leave for reasons related to COVID-19. Paid IDEL was added in April 2021 and entitled employees to three paid days of leave under the IDEL.

"DEEMED" or UNPAID IDEL

Deemed IDEL is an unpaid, job protected leave, that employees can take if they can't work or perform their regular duties because they are: 

• Under medical investigation, supervision or treatment related to COVID-19. 

• Following orders from a medical officer of health or judge concerning COVID-19.

• In quarantine or are under a control measure related to COVID-19. 

• Told by their employer not to come to work for fear they may expose others in the workplace to COVID-19. 

• Providing care or support to a family member because of a matter related to COVID-19, including school or daycare closures.

• Affected by travel restrictions related to COVID-19 and cannot reasonably travel back to Ontario.

Demed IDEL does not have a set maximum length. An employee can continue to be on unpaid leave under IDEL until the reason for the leave no longer exists or until COVID-19 is no longer a designated infectious disease, whichever comes first. It is important to note that your job ought to be protected during this leave, meaning your employer has to allow you to return to work when it is permissible to do so.

After July 30, 2022, employees can still be eligible for unpaid IDEL if they continue to experience one of the above reasons, but they may have to provide their employers with notice if they wish to remain on unpaid IDEL.

Paid IDEL

Employees who are covered under the ESA are eligible for paid IDEL. You can take three paid days of leave for any of the reasons mentioned above. Other reasons that entitle you to paid IDEL include:

• Taking time off work to get vaccinated.

• Getting tested for COVID-19.

• Staying home to wait for the results of a COVID-19 test.

• Getting infected with COVID-19.

• Experiencing side effects from a COVID-19 vaccination.

• Being advised to self-isolate due to COVID-19 by your employer, a medical practitioner or another specified authority.

• Providing care or support to family members because of reasons related to COVID-19.

The paid entitlement was also extended to July 31, 2022. However, employees will not receive an additional three paid days beginning in 2022. Employees are only entitled to the maximum of three paid days of leave under IDEL.