With 208 active cases of coronavirus in Ontario, all levels of government have acted quickly to help employees and employers get through this difficult time. Here is the latest so far:
Job Protection
The Ford government announced that it will introduce legislation that would protect employees. If passed, employers will be prohibited from terminating employees who fall under the following scenarios:
The employee is under medical investigation, supervision or treatment for COVID-19.
The employee is acting in accordance with an order under the Health Protection and Promotion Act.
The employee is in isolation or quarantine.
The employee is acting in accordance with public health information or direction.
The employer directs the employee not to work.
The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
Employees will not be required to provide medical documentation. The job protection would kick in retroactively to January 25, 2020, when COVID-19 first came to Ontario.
These new job protections would greatly increase employee protections under the Employment Standards Act that already includes:
3 unpaid sick days.
3 unpaid family responsibility leave for emergency situations.
28 weeks of unpaid family medical leave to take care of certain family members who are critically ill.
8 weeks of unpaid family caregiver leave to take care of certain family members who have a serious medical condition.
unpaid leave for employees who are affected by Ontario declaring an emergency, with such leave lasting until the declared emergency is over.
Better Access to EI Benefits
The federal government announced several ways that it will help employees who have been terminated or laid off including:
Waiving the normal 1-week waiting period to receive EI benefits.
Waiving the requirement to have a medical certificate to qualify for EI sick benefits.
A new “Emergency Care Benefit” which provides EI benefits to workers, including self-employed and contractors, who lose work because of COVID-19.
Aid for Employers
Like the employment insurance aid for employees, the government has announced (or plans to implement) aid for businesses including temporary wage subsidies up to a maximum subsidy of $1,375 per employee and $25,000 per employer.
Terminations and Layoffs Still Possible
Despite these new measures, employers may still face difficult decisions when it comes to their workforce. Even though an employee may soon be prohibited from terminating an employee because of coronavirus, they still have the authority to layoff employees if the effects of coronavirus are significant. In other words, if there is a downturn in business, layoffs and terminations are still possible. In most termination cases, severance will have to be paid. In some layoff cases, severance may also have to be paid.