Infectious Disease Emergency Leave
INFECTIOUS DISEASE EMERGENCY LEAVE
July 16, 2020
What is it?
A new regulation under the Employment Standards Act, 2000 (ESA) to include a new job-protected leave - The Infectious Disease Emergency Leave
Employees whose employer temporarily reduced or eliminated their hours of work due to COVID-19 qualify for this leave rather than being considered to be temporarily laid off
Employees also qualify for this leave if they are in quarantine or isolation due to COVID-19, or are providing care for an individual or have to care for a child whose school closed due to COVID-19
Starting date for this leave is January 25, 2020, and ending date is six weeks after the declared emergency ends
Details of the Leave
There is no specified limit to the number of days an employee can be on an infectious disease emergency leave
Infectious disease emergency leave absences do not have to be consecutive. An employee can take the leave in part days, full days or periods of more than one day
Employers provide a certificate from a medical expert as evidence that the employee is eligible for the leave
Employers cannot threaten, fire or penalize an employee in any other way because the employee took or plans to take such a leave
Six weeks after the State of Emergency is over, the employee's normal obligations to be at work resume.
Service Canada Update
We have been made aware that Service Canada is requiring all employees that are on an Infectious Disease Emergency Leave, file a record of employment as soon as possible if not already done.
With the CERB (Canada Emergency Response Benefits) ending, the employees may need to apply for EI benefits and will need ROEs to do this.