COVID-19 Worker Income Protection Benefit

• Published date: 04 May 2021
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employee Benefits & Compensation, Employee Rights/ Labour Relations, Employment and Workforce Wellbeing, Operational Impacts and Strategy
• Law Firm: Siskinds LLP
• Author: Ms Jennifer Herpers

On April 29, 2021 the Ontario government passed the much anticipated COVID-19 Putting Workers First Act, 2021 (the "Act"). The Act amends the Employment Standards Act, 2000 and provides employees, of provincially regulated employers, with up to three paid infectious disease emergency leave ("IDEL") days for reasons related to COVID-19. Currently, the leave is available to eligible employees between April 19, 2021 and September 25, 2021.

The act in a nutshell

Who is eligible?

• Generally, employees who are not performing the duties of their position because of one or more of the following reasons related to COVID-19 are entitled to up to 3 days of paid IDEL
  • Employee is under individual medical investigation, supervision or treatment (including receiving a vaccine and recovering from associated side effects) related to COVID-19;
  • Employee is acting in accordance with an order made under section 22 or 35 of the Health Protection and Promotion Act that relates to COVID-19;
  • Employee is in quarantine, isolation or subject to control measures (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;
  • Employee is sent home by their employer in response to concern that the employee may expose others in the workplace to COVID-19;
  • Employee is providing care or support to a family member as defined in section 50.1(8) of the ESA, because
    • The individual is under individual medical investigation supervision or treatment related to COVID-19, or
    • 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,...