The Employment Standards Act, 2000 (ESA) sets out minimum standards of employment for most employees in Ontario workplaces. It does not prohibit employers from requiring employees to stay at home due to potential public health risks, like COVID-19 (coronavirus).
Generally, an employer is not required under the ESA to pay an employee wages if the employee has not worked. Some employees may have additional rights under:
- an employment contract (including a collective agreement)
- the common law
- other legislation
Employees may be entitled to employment insurance benefits or other federal government financial supports.
CANADA’S COVID 19 ECONOMIC RESPONSE PLAN
Employment Insurance (EI)
As of September 27, you may be eligible for EI if you:
- were employed for at least 120 insurable hours in the past 52 weeks
- received the Canada Emergency Response Benefit, the 52 week period to accumulate insured hours will be extended
- stopped working through no fault of your own
- have not quit your job voluntarily
- are ready, willing and capable of working each day (EI regular benefits)
- are temporarily unable to work while you care for someone else or yourself (EI maternity, parental, sickness, compassionate care, and family caregiver benefits)
If you are eligible for EI benefits, you will receive a minimum taxable benefit at a rate of $500 per week, or $300 per week for extended parental benefits.
If you are not eligible for EI, you may be eligible for the proposed new benefits:
Canada Recovery Benefit (CRB)
- The CRB provides $500 per week for up to 26 weeks for workers who have stopped working or had their income reduced by at least 50% due to COVID-19, and who are not eligible for Employment Insurance (EI).
- Applications will open on October 12
Canada Recovery Sickness Benefit (CRSB)
The CRSB provides $500 per week for up to a maximum of two weeks, for workers who:
- Are unable to work for at least 50% of the week because they contracted COVID-19
- Are self-isolated for reasons related to COVID-19
- have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19.
Canada Recovery Caregiving Benefit (CRCB)
The CRCB provides $500 per week for up to 26 weeks per household for workers:
- unable to work for at least 50% of the week because they must care for a child under the age of 12 or family member because schools, day-cares or care facilities are closed due to COVID-19
- because the child or family member is sick and/or required to quarantine or is at high risk of serious health implications because of COVID-19.
Covid 19 and Temporary Amendments To The ESA
On May 29, 2020, the government made a regulation under the Employment Standards Act, 2000 (ESA) in response to COVID-19. The rules in the regulation apply during the “COVID-19 period” (March 1, 2020 to January 2, 2021).
During the COVID-19 period, a non-unionized employee is “deemed” (or considered to be) on a job-protected infectious disease emergency leave if their employer has temporarily reduced or eliminated their hours of work because of COVID-19.
Impacted employees will not be entitled to termination and severance pay under the Ontario Employment Standards Act but instead are treated as an unpaid leave of absence.
Screening
Effective September 26, 2020, the Ontario Ministry of Health requires employers to screen employees and visitors—not including customers ( See, Covid 19 Screening Questions )
Note, that while termination and severance claims have ceased under the ESA until the end of the COVID-19 period that does not prevent court actions. One such action may include termination due to Covid 19 as a pretense when the employer is actually firing an employee for other reasons.
The Employment Standards Act, 2000 (ESA) sets out minimum standards of employment for most employees in Ontario workplaces. It does not prohibit employers from requiring employees to stay at home due to potential public health risks, like COVID-19 (coronavirus).
Generally, an employer is not required under the ESA to pay an employee wages if the employee has not worked. Some employees may have additional rights under:
- an employment contract (including a collective agreement)
- the common law
- other legislation
Employees may be entitled to employment insurance benefits or other federal government financial supports.