Ontario ending paid sick leave program on March 31

The Ontario government confirms that it will end the temporary paid sick leave program that it implemented during the COVID-19 pandemic.

The Ministry of Labour, Immigration, Training and Skills Development confirmed reporting by The Canadian Press that the province won’t extend the program, which provides employees with three days of paid sick leave for pandemic-related reasons, past March 31, 2023.

The Ford government will provide more information during its budget update on March 23.

The province’s program, also known as paid Infectious Disease Emergency Leave (IDEL), was made retroactively available on April 19, 2021 and has been extended multiple times.

Through paid IDEL, eligible employees in Ontario can receive up to $200 a day if they need to:

• Get tested or vaccinated
• Self-isolate
• Care for a family member who is ill from COVID-19

While there aren’t plans to replace the program with another, the sources said “the government will continue moving forward with its plan to provide portable health and dental coverage to workers without those benefits.”

LEARN MORE
• Ontario extends paid IDEL until March 2023: Know your rights
• IDEL layoffs have ended in Ontario: What employees need to know

LISTEN: An employment lawyer at Samfiru Tumarkin LLP discussed the end of paid IDEL and the rights non-unionized employees in Ontario have with Patricia Boal on Newstalk 580 CFRA.

Do I need to provide my employer with a sick note to access paid IDEL?

The short answer is no. You don’t have to provide your employer with a doctor’s note to access paid IDEL.

Generally, workers in Ontario have a right to privacy regarding their medical information.

However, it’s reasonable for companies to be provided with more information if an employee:

• Does not show up for work because they claim they are sick
• Their illness requires workplace accommodation (i.e. modified duties or hours)

If you employer refuses to let you access paid IDEL without a doctor’s note, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Sick notes in Ontario: rights for employees
• Ottawa employment lawyer on providing sick notes to your employer

Paid leave entitlements

If you have certain rights to paid leave in your employment contract, you might not be eligible for paid IDEL or could be entitled to fewer than three paid sick days under Ontario’s Employment Standards Act, 2000 (ESA).

If your agreement provides a greater right or benefit than the province’s temporary paid sick leave program, it’s very likely that the terms of the contract will apply instead.

LEARN MORE
• Employment Law Show: 5 things you should know about employment contracts
• Starting a new job? Here’s how an employment contract could limit your rights

Can my employer punish me for using paid IDEL?

In Ontario, employers can’t punish non-unionized workers by making significant changes to their job because they used or plan to use paid IDEL.

Major modifications, such as a demotion, shorter shifts, or a reduction in pay, are illegal.

If substantial adjustments are made to the terms of your employment without your consent, the law allows you to quit your job and pursue full severance pay through a constructive dismissal claim.

However, you shouldn’t resign before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess you legal options, and help you secure the compensation you deserve.

LEARN MORE
• Do I get severance if I quit?
• Should I negotiate my own severance package in Ontario?

Can my employer fire me for using paid IDEL?

Employers can fire non-unionized workers in Ontario for using the province’s temporary paid sick leave program.

This is called a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s very unlikely that your boss would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify terminating you for cause, the company must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

This type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Wrongful dismissal in Ontario: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for using paid IDEL, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto and Ottawa have successfully represented numerous non-unionized individuals across Ontario.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.