Update May 6, 2021
On April 29, 2021, Ontario implemented amendments to the Employment Standards Act, 2000 (“ESA”), which provide employees with up to three days of paid leave. The amendments also allow for employers to receive reimbursement for the three days of paid leave given to employees.
The job-protected paid leaves are for any period between April 19, 2021 and September 25, 2021 and cover off the following reasons for being absent from work:
- Going for a COVID-19 test and staying home to await results of a COVID-19 test
- Diagnosis of COVID-19 positivity
- To obtain a COVID-19 vaccine or to recover from vaccine side-effects
- Having been advised to self-isolate due to COVID-19 by an employer, medical practitioner or other specific authority
- Providing care or support to certain relatives for reasons related to COVID-19, including when:
- The relative is sick with or has symptoms of COVID-19
- The relative is self-isolating due to COVID-19 as instructed by a medical practitioner
The paid sick leave benefit amounts to a maximum of $200 per day. Employees do not have to provide a medical certificate to make access to the paid sick leave. Employers who had employees who are requesting the paid sick leave, can apply for reimbursement from WSIB.
Employees who are sick for longer than three days can apply for the Federal program, the Canada Recovery Sickness Benefit. This program provides up to $500 for one week of additional coverage. If the situation is ongoing for longer than one week, the employee can apply again for coverage. The applications can be made for up to a total of four weeks between September 27, 2020 and September 25, 2021.
Original Post April 29, 2021
The Ontario government has stated that it intends to provide paid sick leave to employees who do not have coverage for leave benefits from their employers. The program is intended to curb the spread of COVID-19 by allowing employees to stay home if they are experiencing symptoms, are receiving a vaccine or are caring for another person.
If Ontario’s proposed legislation is passed, employers will be required to provide up to $200 per day for up to three days. The temporary program is set to expire on September 25, 2021 and will be instated retroactively to April 19, 2021. The legislation proposes that employers pay the funds to employees up front and claim reimbursements from the Workplace Safety and Insurance Board.
For the existing federal sick leave benefits program, the Ontario government has proposed doubling the sick leave coverage to $1000 but is requesting the federal government to take up this cost and continue to administer the program.
We intend to continue to follow this development closely and will update this post once further details of the paid sick leave program emerge. Please continue to follow Monkhouse Law’s COVID-19 page for any updates regarding the effect of COVID-19 on your workplace. We cover current issues such as how Employment Insurance interacts with severance pay or whether your employer can make vaccination compulsory in your workplace.
This article was written by Monkhouse Law Employment Lawyers in Toronto. We provide free 30-minute phone consultations and can help in assessing your legal options and rights.
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