Work: What’s Next | Changes to Ontario’s IDEL and more layoffs

Interview Summary

The provincial government has again announced changes to the Infectious Disease Emergency Leave enacted in Ontario due to the pandemic. While the paid sick days portion of the leave has been extended, other elements have expired.

Lior Samfiru, a Toronto employment lawyer and co-managing partner at Samfiru Tumarkin LLP joined Global News on Work What’s Next to discuss these changes and more on employee rights.

Interview Notes

• Employees placed on a temporary layoff under IDEL: Employees who were laid off as a result of the pandemic and under the Infectious Disease Emergency Leave can no longer be on a layoff under IDEL by their employers. Employers must recall their employees back to work to the same job and pay.
• Paid sick days due to COVID-19: The provincial government has extended the paid sick days portion of IDEL. Employees who have fallen ill as a result of the virus or must isolate, care for someone who is ill, etc, must be given 3 paid sick days.
• Employers decide to keep employees on a layoff: Despite the expiration of IDEL, some employers have decided to keep employees on a temporary layoff. Employers do not have the right to do this. Employees who are not recalled back to work can treat their job as terminated and pursue their severance pay.
• Shopify severance offers to terminated employees: Despite the financial difficulties a company faces, employees must be offered their full entitlements upon termination. Shopify’s severance calculation does not take into account the variance of employees’ ages, positions, years of service, etc.
• Compensation for employees retiring early: In the event of a legitimate retirement or resignation, employees are not owed additional compensation from their employers, such as a severance package. Retirement must be completely voluntary and cannot be influenced by an employer as that is a termination and a human rights violation.