Ontario: Infectious Disease Emergency Leave extended to July 2022

On December 7, 2021 the Government of Ontario announced the extension of the Worker Income Protection Benefit (WIPB) program (known as Ontario’s sick day program) and the unpaid deemed Infectious Disease Emergency Leave (IDEL).

Paid sick days extended to July 31, 2022

Under the WIPB program, employees who need time off work for reasons related to COVID-19 can access up to three paid days of IDEL. The amount provided through this program is up to $200 per day, or the employee’s regular pay if it less than $200 per day.

While the program was set to expire most recently on December 31, 2021 the Ontario government has extended it to July 31, 2022. The extension allows workers to take time off to get COVID-19 booster shots and accompany their children as they get vaccinated.

IDEL extended to July 30, 2022

The Government of Ontario has extended deemed IDEL for a fifth time. The leave, which was introduced on March 19, 2020 through Ontario Regulation 228/20, creates a job-protected and unpaid leave for non-unionized employees whose hours of work are temporarily reduced or stopped (i.e. they are put on a temporary layoff) by their employer because of the COVID-19 pandemic.

While IDEL was set to expire in early January 2021, it has been extended to July 30, 2022.

What are my rights under IDEL if I’ve been put on a temporary layoff?

The extension of IDEL permits employers to keep non-unionized employees on a temporary layoff until July 30th, 2022, if their hours have been significantly reduced, or the layoff is a result of the pandemic. Once the regulation expires, employees can be put on a temporary layoff for up to 35 weeks.

As the temporary layoff provision of IDEL refers to an employee’s rights under provincial law, non-unionized employees who have experienced a reduction in pay or hours of work may be able to pursue a constructive dismissal and obtain a full severance package under common law. These rights ensure that an employee who has been constructively dismissed is entitled to severance based on their age, position, and length of employment.