Ontario employment lawyer on the end of paid sick days program

Interview Summary

The Ontario government is ending its COVID-19 paid sick leave program that allowed employees in the province to access three paid sick days for pandemic-related reasons.

What will this mean for staff still unsure about their health and safety in the workplace? Are there any protections in place for employees who cannot access paid sick days through their employers?

An Ontario employment lawyer and Senior Associate at Samfiru Tumarkin LLP joined Patricia Boal on Newstalk 580 CFRA to discuss the end of the Ford government’s program, also known as paid Infectious Disease Emergency Leave (IDEL), as well as the rights non-unionized employees have.

Interview Notes

• General paid sick leave post-pandemic: Outside of temporary pandemic measures, there is no minimum paid sick day obligations from employers per Ontario’s Employment Standards Act, 2000 (ESA).
• Different workplaces and sick leave regulations: Sick leave will vary depending on the employer and policies set in place in a particular workplace. Many private sector companies do offer staff paid sick leave within their own workplace.
• Unpaid sick leave: Employees are within their rights to take unpaid sick leave and can’t be penalized by their employers or terminated for doing so. Non-unionized workers would have to provide a doctor’s note to their boss in order to facilitate an unpaid leave of absence.
• Employment contracts and sick days: Workers in Ontario should always look closely at the terms outlined in an employment contract before signing it and seek legal advice. At the start of employment, staff are able to negotiate terms, such as paid sick leave, with their prospective employer.
• Sick days for working parents: Employers must accommodate an employee’s need to take care of sick children or family members. Many businesses have changed the terms in their workplace policies to allow staff to use sick days for these reasons.