Ontario extends paid IDEL until March 2023: Know your rights

Paid sick days continue

As Ontario continues to work on curbing the spread of COVID-19, the provincial government has decided to keep its temporary paid sick leave program in place until March 31, 2023.

On April 29, 2021, the Employment Standards Act (ESA), was amended to require employers to provide non-unionized workers with up to three paid sick days for specific reasons related to COVID‑19.

The program, also known as paid Infectious Disease Emergency Leave (IDEL), was made retroactively available on April 19, 2021 and was set to expire at the end of July 2022.

Through paid IDEL, eligible employees 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

WATCH: Employment lawyer Lior Samfiru discusses employee entitlements under Ontario’s temporary paid sick leave program.

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

You do not have to provide your employer with a doctor’s note to access the three paid sick days.

Generally, workers in Ontario have a right to privacy regarding their medical information. However, it is 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)

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

Can I be fired for using paid IDEL?

Your employer can fire you if you decide to use the province’s temporary paid sick leave program. This is called a termination without cause.

Employees can be let go for any reason, as long as:

• They are provided full severance pay
• The reasons for their termination are not discriminatory

What employers in Ontario cannot do in this situation is dismiss workers for just cause, which would mean no severance package or access to Employment Insurance (EI). To justify this decision, the company would have to prove progressive disciplinary measures were applied and that a less severe punishment would be insufficient.

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

READ MORE
• Severance pay in Ontario
• How to calculate severance pay
• Wrongful dismissal in Ontario

Can I be penalized for using paid IDEL?

In Ontario, employers cannot make significant changes to your job because you used or plan on using paid IDEL.

Any major changes to your employment without your consent can be treated as a termination of your relationship with the company. An employment lawyer at Samfiru Tumarkin LLP can help you pursue a constructive dismissal claim to ensure you receive a proper severance package.

READ MORE
• Next steps for employees as IDEL layoffs expire
• Changes to your job in Ontario

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 the ESA.

If a contract provides a greater right or benefit than the province’s temporary paid sick leave program, then the terms of the contract apply instead.

LEARN MORE
• Employment Law Show: 5 things you should know about employment contracts

Speak to an employment lawyer about paid IDEL

If your employer has threatened, punished, or fired you for using paid IDEL, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

Our team can review your situation, enforce your workplace rights, and ensure you receive the compensation you are owed.