Authors
Mitch Frazer
Christophe Cinqmars-Viau
The ongoing and mounting effects of the global COVID-19 pandemic on workers across the country have moved both federal and provincial governments to take steps to introduce legislation and other government programs aimed at protecting—and providing financial stability to—Canadian workers. Here is a summary of the initiatives that have been introduced to date.
Ontario passed the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, on March 19, 2020. The Act amends the Ontario Employment Standards Act, 2000 (the ESA) to address when emergency job-protected leave is available to employees in the case of infectious disease emergencies, like COVID-19. The amendments entitle employees to an unpaid leave of absence related to a designated infectious disease in certain circumstances, including if an employee is: affected by travel restrictions; required to care for a family member; under medical investigation, quarantine or isolation; or directed to stay home by their employer due to risk of exposing others in the workplace to a designated infectious disease. No sick note is required. These amendments are retroactive to January 25, 2020 (the date of the first presumptive case of COVID-19 in Ontario).
Saskatchewan and Alberta have passed similar legislation. The Saskatchewan Employment (Public Health Emergencies) Amendment Act, 2020, which is retroactive to March 6, 2020, provides job-protected leaves of absence to employees for any period of self-isolation required to prevent or reduce the spread of a disease, like COVID-19, or during which the employee is required to provide care and support to the employee’s child family member. No doctor’s note is required to take this leave of absence. Alberta’s Employment Standards (COVID-19 Leave) Regulation, which is retroactive to March 5, 2020, provides job protected leaves of absence to employees who are required to self-isolate as a result of COVID-19 or are caring for a child or dependent adult that is required to self-isolate, without the requirement to provide a medical note.
It is expected that other provinces will pass similar legislation shortly. Employers should seek jurisdiction-specific legal advice on their obligations as a result of these new amendments.
The Canadian government has also announced a new set of economic measures to provide income support to Canadian workers impacted by COVID-19. Among other things, the government has:
In addition, employers who wish to offer financial assistance to those of its employees facing financial hardship may establish a “disaster relief program”. Employer contributions to a disaster relief program are non-deductible for the employer and amounts received by employees are non-taxable, provided that certain conditions are met.
Read all our coronavirus-related updates on our COVID-19 guidance for organizations resource page.
To discuss these issues, please contact the author(s).
This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.
For permission to republish this or any other publication, contact Janelle Weed.
© 2023 by Torys LLP.
All rights reserved.
Tags
Banking and Debt Finance
Board Advisory and Governance
Capital Markets
Intellectual Property
Disputes and Investigations
M&A
Pensions and Employment
Privacy
Private Equity and Principal Investors
Projects
Agribusiness
Cannabis
Financial Services
Food and Drug
Government and Crown Corporations
Industrial and Manufacturing
Infrastructure
Life Sciences
Media and Communications
Mining and Metals
Oil and Gas
Power and Renewable Energy
Real Estate
Consumer and Retail
Technology
Technology Contracting