IDEL layoffs have ended in Ontario: Here’s what you should know

COVID-19 layoffs: What happens now that IDEL is over?

Ontario’s Infectious Disease Emergency Leave (IDEL) officially expired on July 30, 2022. IDEL was first introduced by the Ontario government on March 19, 2020 to allow employees who meet certain criteria to take a job-protected leave of absence for specific reasons relating to COVID-19.

During the IDEL period, non-unionized employees were not considered to be “laid off.” Employees were also not considered to have been constructively dismissed if their pay or hours of work were reduced or eliminated due to COVID-19.

Employers can no longer put employees on a deemed IDEL period by cutting hours or pay, without leading to a constructive dismissal under provincial legislation. Deemed IDEL, however, did NOT impact a person’s rights under common law.

Here are some important things to keep in mind now that IDEL has come to an end.

You are owed severance pay if you are not brought back

If you are not recalled to your job now that IDEL has expired, or your employer decides to fire you, your employment is considered terminated without cause. As a consequence you are owed a full severance package.

Severance in Ontario can be up to 24 months’ pay, and is based on numerous factors, including your age, years of service and position at the company.

You may be able to pursue severance pay through a constructive dismissal

You may be able to claim constructive dismissal because you were on a deemed IDEL layoff.

IDEL only applied under Ontario’s provincial legislation, and did not eliminate an employee’s ability to resign with severance under common law. Provincial legislation does not change your legal right to treat your job as being terminated when your hours of work or pay are drastically reduced.

Once of the exceptions would be the existence of an employment contract that contains terms allowing your employer to make changes to your job. However, many clauses in employment agreements are unenforceable, and rarely apply to situations like the COVID-19 pandemic. Even if you do have a contract, it is still possible that terms that limit your rights may not be enforceable.

READ MORE
• Ontario Court of Appeal: Termination clauses invalid, full severance owed

An employer’s ability to impose a layoff under common law depends on your unique situation. It is extremely important to have the circumstances of your situation evaluated by an experienced employment lawyer at Samfiru Tumarkin LLP before you agree to anything.

Talk to an employment lawyer about IDEL

Talk to an employment lawyer at Samfiru Tumarkin LLP today so that we can review your IDEL layoff and the unique details that apply to your situation. Our team can assist you in navigating communications with your employer, and work to get you the severance package you are owed.