Alex Lucifero on the IDEL Extension

Interview Summary

The Ontario government has once again extended the Infectious Disease Emergency Leave. Until recently, IDEL was set to expire on July 3rd, 2021. This expiration would have been welcome to the many Canadians currently on a temporary layoff as a result of COVID-19. What will this extension mean for employees on a layoff? Do they have any options?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa to answer questions regarding IDEL and layoffs.

Interview Notes

What is the Infectious Disease Emergency Leave?

At the beginning of the pandemic, the Ontario government introduced IDEL which is akin to layoff; specifically layoffs related to COVID-19. Many employers across the province placed employees on an IDEL leave which has caused many problems as technically an employee does not have to accept a layoff.

What does the recent extension of IDEL layoffs mean for employees?

For employees who have accepted the layoff from their employer, or had a temporary layoff clause in their contract, will have to remain on a layoff until September 25th, 2021. Employees can choose to accept this extension or choose to treat the layoff as termination and pursue their severance.

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What happens to my layoff when IDEL ends in Ontario

Can layoffs be treated as constructive dismissal?

A constructive dismissal typically occurs when an employee does not agree to a substantial change to the terms of their employment; like a temporary layoff.