As employers know, in response to the COVID-19 pandemic, the Ontario government passed a regulation that temporarily extended timelines when temporary lay-offs are deemed permanent job losses.

The COVID-19 period is set to expire on July 30, 2022. This means that after July 30, 2022, employees will no longer be deemed to be on an infectious disease emergency leave and the temporary lay-off rules under the Employment Standards Act, 2000 (the “ESA”) will resume.

Employers that deemed employees to be on an infectious disease emergency leave may have to resume or implement temporary lay-offs for such employees, as permitted under the ESA, or recall employees back to work.