leave of absence Archives

An Employee Has Requested a Leave of Absence, Now What?

April 17, 2024
Employer Resources, Employment Contracts, Employment Law, Employment Standards Act, HR Compliance, Leaves, Workplace Consideration, Workplace Policies

Employers often wonder how to handle requests for leaves of absence from employees.

This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled.

Top 6 Things to Know Regarding ROEs

February 11, 2021
COVID-19, Disability, Employer Resources, HR, Leaves, Miscellaneous, Terminations

Photo by Scott Graham on Unsplash

Employers may brush off the importance of a Record of Employment (ROE) or even have their accountant handle all the details, but it is an important document in the realm of employment law. This document becomes significant when it comes to topics such as terminations, lay-offs, resignations, disability, illness, quarantine, a leave of absence and maternity or parental leaves. So here are the top 6 things that every employer should know when it comes to a Record of Employment.

Firstly, what is an ROE?

An ROE is a form that employers complete for employees who are receiving insurable earnings who have stopped working and are experiencing an interruption of earnings. This document is a requirement of the Employment Insurance Program. An ROE must be completed even if the employee is not applying for Employment Insurance Benefits.

Recalling Employees to Work: Considerations for Employers

September 23, 2020
COVID-19, Employer Resources, Employment Standards, HR, Leaves, Terminations

Considerations for employers recalling employees to work

Photo by Matthew Henry on Unsplash

Employers are encountering issues as they ask their employees to come back to work. We will take a look at some of these in today’s blog.

A Recap

Many employees were placed on layoffs in March 2020, when the shutdowns occurred. In Ontario, these layoffs were then converted into deemed Infectious Disease Emergency Leaves. While statutory layoff timelines normally restrict the amount of time an employee can be on a layoff before being considered terminated, in Ontario the Infectious Disease Emergencies Leave amendments to the Employment Standards Act changed this. Ontario employees can now be involuntarily off work (laid off) until January 2, 2020, without having a termination triggered.

A layoff does not end the employment relationship. It’s just a temporary pause, which anticipates that the employer will bring the employee back to work or recall them.

Family Status Accommodation in the Time of COVID-19

July 29, 2020
COVID-19, Employer Resources, HR, Leaves

Employer obligations to accommodate work refusals under the IDEL

Photo by August de Richelieu from Pexels

As workplaces re-open, employers are getting all kinds of objections from employees about coming back to work. Common among these are childcare responsibilities. While some daycares and day camps are operating, things are far from normal. What obligation do employers have to accommodate refusals to come back to work due to childcare responsibilities?

Employee Protection Under the Infectious Disease Emergency Leave

In Ontario, employees who claim they cannot work due to childcare responsibilities may have job protection under the Infectious Disease Emergency Leave (IDEL). The IDEL provides job protection to employees who need to take a leave from work to care for their children whose school or daycare is closed because of COVID-19. The Ministry of Labour Guide on this leave also includes day camps being cancelled as a reason for the leave so we can be sure that the protection is meant to be expansive.