Once again, the Government of Ontario has extended the Infectious Disease Emergency Leave (IDEL). This is a “deemed” leave of absence, which was previously set to expire on September 25, 2021, will now be in place until December 31, 2021. Minister of Labour, Monte McNaughton, said the latest extension decision is in response to “new data showing the Delta variant is spreading faster and is more transmissible.”
As we have written about before, the IDEL regulation states that any non-unionized employee is “deemed” to be on a job-protected leave of absence if their hours of work are temporarily reduced or eliminated due to COVID-19. This means that the reduction or elimination of hours does not constitute a layoff or a constructive dismissal under the Employment Standards Act, 2000 (ESA) until after the regulation expires at the end of 2021.
The IDEL regulation was established in March of 2020 and has had multiple extensions and updates since then. The intent was to protect workers and small business owners who were affected by the pandemic. However, that has not been the result for employers. In 2021 alone, we have not only seen changes to the regulation, but we have also seen how the Ontario courts are interpreting it. Please read our previous articles for more on how the IDEL regulation impacts your dental practice.
- IDEL Layoffs – The Employment Law Rollercoaster Continues!
- Temporary Layoffs During COVID Could Mean Wrongful Termination Lawsuits
- New Reimbursement Details for COVID Paid Days Off
- New COVID-Related Paid Days Off
- Ontario Infectious Disease Emergency Leave (IDEL) Extended
- New Employee Benefits & Leave Of Absence Updates You Need To Know
If you want more information on the IDEL regulations or any other employment issues, please don’t hesitate to contact us. DMC is dedicated to helping dentists understand and minimize the risks associated with being an employer. Send DMC an email or give our Employment Law Team a call directly at 416-443-9280 extension 206.