Yesterday, the Ontario Provincial Government passed Bill 186, the Employment Standards Amendment Act, which amended the Employment Standards Act to provide for a special job-protected leave of absence as a result of the pandemic. An employee is entitled to a leave of absence without pay, starting on the prescribed date, if the employee will not be performing the duties of his or her position because of various reasons related to a designated infectious disease, including that the employee is:
- under medical investigation, supervision or treatment;
- in quarantine or isolation;
- is providing care or support to another individual; and
- is affected by travel restrictions.
This legislation is retroactive to January 25, 2020, and the requirement that employees provide a doctor’s note has been waived.
Author - Extraordinary Damages in Canadian Employment Law