COVID-19 Update: Ontario Introduces Paid COVID-19 Leave

• Published date: 04 May 2021
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Contract of Employment, Health & Safety, Employee Rights/ Labour Relations, Employment and Workforce Wellbeing, Operational Impacts and Strategy
• Law Firm: McCarthy Tétrault LLP
• Author: McCarthy Tétrault Employer Advisor, Simmy Sahdra and Sarah Tella

On April 29, 2021, Bill 284, COVID-19 Putting Workers First Act, 2021 received Royal Assent. Section 50.1 of the Employment Standards Act, 2000 ("ESA") has been amended to provide employees with an entitlement to three paid days of leave in certain circumstances related to a designated infectious disease.

Employers are now required to provide eligible employees with up to $200 of pay for up to three days if they are missing work due to the following prescribed reasons relating to COVID-19:

1. The employee is under individual medical investigation supervision or treatment related to COVID-19
   1. the Ontario Government has released a News Release indicating this paid leave will cover employees who are going to get vaccinated and/or employees who are experiencing a side effect from a COVID-19 vaccination.

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
   1. the Ontario Government has released a News Release indicating this paid leave will cover employees who are: going for a COVID-19 test; staying home awaiting the results of a COVID-19 test; sick with COVID-19; advised to self-isolate due to COVID-19 by an employer, medical practitioner or other authority.

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 COVID-19.

5. The employee is providing care or support to an individual because:
   1. the individual is under individual medical investigation, supervision or treatment related to COVID-19; or
   2. 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 it is implemented as a result of the information or directions outlined above at point 3.

Eligible...