By Barry W. Kwasniewski and Martin U. Wissmath

Reimbursements for Infectious Disease Emergency Leave Pay Extended Until July 31, 2022

Ontario workers are still entitled to some paid time on leave for COVID-19 related reasons for most of this year, and employers can still apply for reimbursements. The provincial government announced the extension of its Worker Income Protection Benefit for reimbursement to employers for infectious disease emergency leave pay, which was extended until at least July 31, 2022. Under section 50.1 of the Employment Standards Act, 2000 (ESA), employers must provide up to three (3) days of paid leave for an employee on an infectious disease emergency leave (IDEL) for certain reasons related to COVID-19 (see below). Currently, COVID-19 is prescribed as an infectious disease for the purposes of IDEL by Ontario Regulation 228/20, Infectious Disease Emergency Leave (O Reg 228/20), which sets the “COVID-19 Period” during which both paid and unpaid IDEL are available.

Employees are entitled to the three days of paid leave for IDEL if:

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 implemented as a result of information or directions by a public health official, qualified health practitioner or the government

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 who is either under medical investigation or in quarantine or isolation because of COVID-19.

Employers, including charities and not-for-profits, must apply for a Worker Income Protection Benefit reimbursement by applying to the Workplace Safety and Insurance Board within 120 days of the date the employer paid the employee, or November 28, 2022, whichever is earlier.

Some Not-For-Profits May Be Eligible for $10K Small Business Grant from Ontario Govt

The Ontario Small Business Relief Grant to support small businesses could help some not-for-profits “weather the storm” of the Omicron variant, according to the provincial government. Noting the move into a modified Step Two of the Roadmap to Reopen regulations, with some closures or reduction in allowed capacity for certain places of business, the government announced on January 7, 2022 that it would provide some eligible small businesses with a $10,000 grant.

Eligible businesses include:

• Restaurants and bars;
• Facilities for indoor sports and recreational fitness activities (including fitness centres and gyms);
• Performing arts and cinemas;
• Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions;
• Meeting or event spaces;
• Tour and guide services;
• Conference centres and convention centres;
• Driving instruction for individuals; and
• Before- and after- school programs.

​Read the February 2022 Charity & NFP Law Update