Ontario’s government has now passed into law three days of paid leave for employees affected by COVID-19. Bill 284, COVID-19 Putting Workers First Act, 2021 (the “Act”) received Royal Assent on April 29, 2021. The new legislation introduces “infectious disease emergency leave pay” into the Employment Standards Act, 2000 (“ESA”) allowing workers up to $200 a day and three paid days off for reasons of an infectious disease, such as COVID-19. This is now retroactive to April 19, 2021 and will be effective until September 25, 2021, when the Canada Recovery Sickness Benefit program expires; however a later date may be prescribed. The provincial government will reimburse employers, including charities and not-for-profits, for the allowable amount. The provincial government will partner with the Workplace Safety and Insurance Board to deliver the new infectious disease emergency leave pay (“IDELP”) program. According to an April 28, 2021 announcement, “Employers and their workers can call a dedicated COVID-19 Sick Days Information Centre hotline at 1-888-999-2248 or visit Ontario.ca/COVIDworkerbenefit to get more information and updates” about the paid leave days.

The Act enables IDELP when there is a “designated infectious disease” under the ESA regulations, which currently only applies to COVID-19. Among the new provisions added to the ESA by the Act are the following:

Leave of absence with pay

50.1(1.2) In addition to any entitlement under subsection (1.1), an employee is entitled to a paid leave of absence if the employee will not be performing the duties of the employee’s position because of one or more of the following reasons related to a designated infectious disease:

1.  The employee is under individual medical investigation, supervision or treatment related to the designated infectious disease.

2.  The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease.

3.  The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means.

4.  The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease.

5.  The employee is providing care or support to an individual referred to in subsection (8) because,

i.  the individual is under individual medical investigation, supervision or treatment related to the designated infectious disease, or

ii.  the individual is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means.

“Treatment” related to the designated infectious disease “includes receiving a vaccine for the designated infectious disease and recovery from associated side effects.” An employee would receive the lesser of $200 and their regular wages for a day of IDELP, and a partial day taken is deemed to be a full day. The Act includes technical provisions governing an employee who is entitled to paid time off in their employment contract, on a paid public holiday, or interactions with other sections of the ESA that affect the allowable amount and whether or how much an employer can be reimbursed up to a maximum of $200 per day.