Infectious Disease Emergency Leave in Ontario (COVID-19)

What is Infectious Disease Emergency Leave?

Infectious Disease Emergency Leave (IDEL) is a job-protected leave of absence that was added to the Employment Standards Act (ESA) on March 19, 2020. It creates a statutory leave for employees who can’t work due to the COVID-19, or had been laid off due to the pandemic.

What types of IDEL are there?

There are 3 different types of IDEL:

• Unpaid IDEL
• Deemed IDEL
• Paid IDEL

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Unpaid IDEL

Employees in Ontario can take an unpaid, job-protected IDEL if they, among other things:

• Can’t perform the duties of their position due to COVID-19-related reasons.
• Need to quarantine due to the coronavirus.
• Need to provide care to a family member for a reason related to COVID-19.

Unlike paid IDEL, there is no specific limit to the number of days an individual can be on unpaid IDEL. While the unpaid IDEL entitlements are retroactive to January 25, 2020, there is currently not no end date.

Workers who take an unpaid IDEL can’t be punished, threatened, or fired “for cause” by their employer for doing so.

If you are fired or let go for taking unpaid IDEL or because you told your company you were thinking about doing so, contact an employment lawyer at Samfiru Tumarkin LLP immediately. Our team will help you file a wrongful dismissal claim and ensure you are provided with the severance pay you are owed.

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Deemed IDEL

On May 29, 2020, the government added a regulation to the ESA that deemed a non-unionized employee to be on job-protected IDEL if their employer had to temporarily cut their hours or pay, or put them on a temporary layoff, due to COVID-19.

The deemed IDEL period started March 1, 2020 and ended on July 30, 2022.

This type of IDEL attempted to protect employers from constructive dismissal claims filed through Ontario’s Ministry of Labour. It did not impact a non-unionized employee’s rights under common law. If you were placed on a layoff through deemed IDEL, you may be able to claim constructive dismissal through an employment lawyer. You can treat your job as being terminated and pursue full and proper severance pay.

READ MORE
• Ontario extends COVID-19 layoffs AGAIN, jeopardizing employers
• What happens to my layoff when IDEL ends in Ontario?

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Paid IDEL

On April 29, 2021, the ESA was amended to provide paid IDEL, also known as temporary paid sick leave in Ontario. This type of leave provided non-unionized employees in Ontario with up to three paid sick days off work.

The program ran from April 19, 2021 to March 31, 2023.

Eligible workers received up to $200 a day if they needed to get tested, vaccinated, self-isolate, or to care for a member of their family suffering from COVID-19.

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Who can go on Infectious Disease Emergency Leave?

A majority of employees and employers in Ontario are covered by this unique legislation. Those with the ability to take unpaid IDEL include:

• Full-time employees.
• Part-time employees.
• Students.
• Temporary help agency assignment employees.
• Casual workers

The leave does not apply to federally regulated employees. This includes individuals employed by:

• Banks.
• Airports.
• Inter-provincial and international rail.
• Federal crown corporations.

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Does my employer have to pay me while I am on IDEL?

No. An employer is not required to pay employees on unpaid or deemed IDEL. Employees can use their paid vacation days first before taking the leave.

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Can I be fired for taking Infectious Disease Emergency Leave?

You can’t be fire or let go for going on unpaid IDEL, as your job is protected. You can’t be terminated by your employer if you have COVID-19, experience symptoms of the virus, or are under quarantine. The ESA allows for an employee, who is fired while on IDEL, to be reinstated to their job.

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Do I need a doctor’s note to take the leave?

No. An employee does is not required to provide their employer with a doctor’s note in order to go on IDEL. However, where reasonable, the employer may be able to request other evidence. For instance, the employee may request a note from a daycare if the employee needs to care for a child.

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How much notice do I need to give before taking IDEL

An employee must inform their employer that they will be taking unpaid IDEL before their absence begins.

If advance notice cannot be provided, the employee must inform the employer as soon as possible after starting the leave. Notice can be given in writing or orally.

An employee does not lose the ability to take IDEL if they fail to tell their employer before starting the leave.

Once again, it is important to note that this regulation does not impact an employee’s ability to pursue a constructive dismissal and their full severance under common law, with assistance from Samfiru Tumarkin LLP. Find out why your employment rights are still intact during the COVID-19 pandemic.

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Fired? Not called back to work?

If you have been fired for taking IDEL, or experienced a change to your job (cut in pay, temporary layoff) due to COVID-19, you need to talk to an employment lawyer at Samfiru Tumarkin LLP immediately.
Our firm has been a frontrunner in enforcing rights for employees throughout the COVID-19 pandemic. We are uniquely positioned to review your situation, present you with sound options and strategy, and work to get you what you are owed.