July 2022 marks the end of the “COVID Period” as defined by the Ontario government.  Specifically:

• July 30^th marks the end of the “deemed” Infectious Disease Emergency Leave (IDEL) for those non-unionized employees who had their hours or pay reduced / eliminated for reasons related to COVID. 
• July 31^st was to mark the end of the 3 paid IDEL (or sick) days per employee for reasons related to COVID

However, the government has recently extended the paid IDEL program until March 31, 2023.

What this means for you (*non-unionized only):

1. The “deemed” IDEL is still expected to end on July 30, 2022 as planned. This means that any employees that still have reduced hours or wages due to COVID reasons will be placed on temporary lay-off as of July 31, 2022. Previous ESA rules will apply – temporary layoffs can last 13 or 35 weeks (depending on several factors), after which time the employee is entitled to termination pay. The concept of Constructive Dismissal will continue as per pre-COVID. Namely, a significant (negative) change to an employee’s terms and conditions of work – even if related to COVID – can lead to a constructive dismissal claim.
   
   If you have any employees that are on reduced hours/wages because of COVID impacts, you are strongly encouraged to either bring them back to work before July 30th OR be ready to supply them with a proper layoff letter on July 30th. Please contact me if this applies to you so we can determine a plan that works for your business.
   
   
2. Employees are still eligible for 3 PAID IDEL (sick) days if they are off for reasons related to COVID including to get tested, to await the results of a COVID test, while sick with COVID, to get medical treatment for mental health reasons relating to COVID, to get vaccinated, while experiencing side effects from a vaccination, to self-isolate, or to provide care or support to certain relatives for COVID-related reasons.

Be aware of the reasons your employees are taking time off and ensure they are compensated accordingly.

• Employees are entitled to 3 paid days in total during the program, NOT per incident
• You are required to pay an employee the lesser of $200 per day OR their regular wages they would have earned had they worked that day
• You can apply for reimbursement for these paid days through WSIB. You do not have to be covered under WSIB and reimbursements will not affect your WSIB premiums.
• This program will continue until at least March 31, 2023