Lisa Cabel Richelle Pollard August 3 2022 Update on infectious disease emergency leave KPMG Law | Employment & Immigration - Canada Lisa Cabel, Richelle Pollard Employment & Immigration Paid IDELUnpaid IDELDeemed IDELCommentOn 21 July 2022, the Ontario government announced that paid infectious disease emergency leave (IDEL) has been extended to 31 March 2023. It was previously set to expire on 31 July 2022.Paid IDELThe paid IDEL entitlement requires employers to provide employees with three paid days of leave (up to C$200 per day) when an employee is unable to work due to reasons related to covid-19. These reasons may include that the employee is under individual medical investigation, supervision or treatment related to a designated infectious disease, or the employee is following a covid-19-related order under the Health Promotion and Protection Act and other regulations.Unpaid IDELSimilarly, unpaid IDEL will continue and allow employees to take this leave when they are unable to perform work because of reasons related to covid-19. These reasons are similar to those considered with respect to paid IDEL.Deemed IDELWhile paid IDEL has been extended, deemed IDEL expired on 30 July 2022. This leave covered situations where a non-unionised employee was deemed to be on an IDEL because work hours were temporarily reduced or eliminated for reasons related to covid-19. Deemed IDEL provided employers temporary relief from the termination and severance provisions of the Employment Standards Act 2000 (ESA) during the defined covid-19 period, which expired on 30 July 2022. As a result, as of 31 July 2022, employees who were on a deemed IDEL will have a right to be reinstated to their previous position, if it still exists, or a comparable position.With respect to the ESA rules on layoffs and constructive dismissals, employees who cannot be reinstated will be considered to be at the start of a temporary layoff period under the ESA. Employers will have to consider these situations carefully in order to navigate potential risks of litigation.CommentWhile paid IDEL and unpaid IDEL remain the same for the time being, employers must give careful consideration to employees who were on a deemed IDEL, given its expiration on 30 July 2022.For further information on this topic please contact Lisa Cabel or Richelle Pollard at KPMG Law by telephone (+1 416 777 8000) or email ([email protected] or [email protected]). The KPMG Law website can be accessed at www.kpmg.com.