ONCE AGAIN Attention Employers with Employees on the IDEL! Deemed IDEL Now Extended to January 2, 2021!

On July 30, 2020, we sent out a note to our clients and readers alerting you all that because the state of emergency in Ontario ended on July 24, 2020, the deemed Infectious Disease Emergency Leaves (“IDEL”) would be ending on September 4, 2020. On September 3, 2020, the Ontario government made another change. The deemed IDEL has now been extended until January 2, 2021. You can check out the Ontario government’s news release and get further details in the Ministry of Labour’s Guide.

So, the clock has been reset once again.

Does This Apply to Me?

This news applies to employees on a deemed IDEL. Employees who were laid off or had their hours reduced from March 1, 2020, until January 2, 2021, are on a deemed IDEL. During normal times, we would consider these employees to just be laid off. For more details on this, check out our blog on O. Reg 228/20. Instead of the IDEL lasting until 6 weeks after the end of the state of emergency, it now lasts until January 2, 2021. 

The deemed IDEL will now continue to provide protection to employers from the regular layoff timelines in the Employment Standards Act (ESA), as well as protection from constructive dismissal claims under the ESA for temporary reductions in hours or wages related to COVID-19 until January 2, 2021.

Employees Who Are Voluntarily on the IDEL

Employees who are on the IDEL voluntarily, for example, those who needed to stop working in order to care for children while schools and daycare were closed, will remain on the IDEL until the circumstances leading to their leave change or until COVID-19 is no longer a designated disease under O. Reg 228/20. These employees are on a different type of IDEL than those who had their work hours reduced by the employer. These employees are also likely dwindling as schools and daycare are re-opening. Check out our blogs on family accommodation and school re-opening for more on these topics. 

Now What?

While we know that some of you have been preparing for today and transitioning your employees from the deemed IDEL to other arrangements, you now have until January 2, 2021, to do this. 

Please check out our Guide for Employers during Covid-19 for more information or get in touch if you have questions about the extension of the deemed IDEL to January 2, 2021, deadline and the impact on your workforce. 

Share the Post:

Related Posts

Colourful raised hands illustrating AI, workplace inclusion, accessibility and diverse participation.

Can AI Help Build a More Inclusive Workplace? 

Can AI help create a more inclusive workplace? From accessible communication tools to insights about hiring and advancement, AI can help employers spot barriers that are easy to miss. This blog explores how thoughtful AI use can support workplace equity, accessibility, and better decision making while keeping people, accountability, empathy, and responsible leadership at the centre of inclusion efforts.

Read More »
Runners leaving starting blocks on a track, representing how employers can proactively prepare for litigation

Avoid Stress. Proactively Prepare for Litigation

Litigation can arrive faster than you expect, bringing deadlines, paperwork and stress with it. Proactively preparing for litigation can help Ontario employers respond with greater clarity and confidence. From better documentation and clear workflows to compliance reviews and ongoing employment law support, thoughtful preparation can help protect your business, support your team and keep workplace issues from becoming bigger problems.

Read More »
Black and white cat showing teeth, illustrating a blog about workplace conflict and just cause for dismissal

Can You Tell Your Boss to F* Off and Keep Your Job? The Ontario Court of Appeal Weighs In 

Can you swear at your boss and still keep your job? Jeff Adams examines an Ontario Court of Appeal decision on just cause, workplace misconduct and condonation. The case shows why context matters when employers respond to threats, insulting workplace communications and misconduct, and why delays in discipline do not always mean an employer has accepted the conduct as permissible.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]