Next steps for employees as IDEL layoffs expire

Interview Summary

Ontario’s provincial government has announced that the Infectious Disease Emergency Leave will come to an end for those on layoff while extending the paid sick days portion. What will this mean for employees who are still on layoff? Will the end of IDEL force employers to recall employees?

Lior Samfiru, an employment lawyer and national co-managing Partner at Samfiru Tumarkin LLP joins Rick Zamperin on 900 CHML to answer these questions and more.

Interview Notes

• Infectious Disease Emergency Leave: At the start of the pandemic the Ontario government implemented IDEL leave that allowed employers to place employees on a temporary layoff or reduce pay and hours without facing legal repercussions. This protection has now expired for employers.
• Employee rights as IDEL has expired: Employees who were placed on an IDEL layoff must be recalled to work by their employers to the same job prior to the pandemic. This means no changes to their pay or schedules. Employers who fail to recall employees could face consequences.
• Termination for employees due to COVID-19: It is important to remember that just because an employer is implementing an act in good faith does not relieve an employer of abiding by employment laws. Employees that are now terminated must be offered adequate severance pay.
• Changes made to an employee’s job description: An employer does have the discretion to implement some changes but cannot implement major changes to an employee’s job. A major change would be a dramatic reduction in pay, a complete schedule change, a demotion, etc. An employee can treat their employment as terminated if a major change has been implemented without their consent.