When an employee asks for time off for medical reasons, employers often aren’t sure how much medical detail they’re allowed to ask for, or what their obligations are to accommodate the employee.
A recent decision from the Human Rights Tribunal of Ontario (HRTO) helps clarify this. It shows that vague medical notes aren’t enough on their own, and that employees need
Employers often wonder how to handle requests for leaves of absence from employees.
This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled.
Continue Reading An Employee Has Requested a Leave of Absence, Now What?
Human rights legislation across Canada protects employees from discrimination on the basis of disability and requires employers to accommodate employees with disabilities to the point of undue hardship. Long-term leaves of absence often leave employers wondering how to fulfil their duty to accommodate and at what point are they able to terminate an employee after an extended absence.
How Does an Employer Accommodate an Employee Who Can’t Work Due to Disability?
When an employee requests a leave from work due to illness or injury with supporting documentation, employers generally start by providing the requested leave. Permitting the leave constitutes an accommodation. Generally, the initial leave is for a period of a few weeks or months depending on the medical professional’s recommendation. Following this initial accommodation, human rights adjudicators require an employer to actively engage with the employee to explore other potential accommodations. To do so, an employer should maintain reasonable contact with the employee to monitor their intention and ability to return to work and seek up-to-date information about the nature of the employee’s medical condition, restrictions and limitations, prognosis for recovery, and ability to perform alternative work. This process is ongoing and may last for several years. Employees must have the opportunity to contribute meaningfully to the accommodation process.
Continue Reading Accommodating Long-Term Absences: Considerations for Employers
Back to Sweaters, School, and the Office – Oh My!
For many, September marks the start of a new year. Yes, yes, we know January is the real first month of the year but September marks the end of summer holidays, kids going back to school, and many workforces who had modified summer schedules tend to resume their regular working hours in the Fall. While these used to be pretty standard and expected changes pre-pandemic, employees are now finding these organizational shifts to be more challenging than ever. In turn, employers are facing new accommodation issues and are trying to keep up. From employees wanting to work from home to family obligations to mental health and stress, here is everything you need to know about accommodating your employees.
Continue Reading Navigating Employee Accommodations in the Post-Pandemic Workplace
In a previous blog post, we wrote about the recent Rahman v. Cannon Design Architecture Inc case. Here’s a recap of the Ontario Court of Appeal’s decision:
And more importantly:
In this blog post, we will dive deeper into the Court’s finding that the three respondent companies were common employers.
Continue Reading Rahman v Cannon: Common Employer & Termination Clause Updates Part II
The COVID-19 Period in Ontario’s Infectious Disease Emergency Leave has been extended until September 25, 2021. Prior to this change, the COVID-19 Period was set to end on July 3, 2021.
What does the end of the COVID-19 Period mean?
The end of the COVID-19 Period is relevant to employers who reduced the hours of their employees due to COVID-19 reasons. In many cases, these employees were “laid off,” meaning they work no hours at all.
Typically, a layoff can only last for a specific number of weeks. The introduction of the “deemed IDEL” and the extension of the COVID-19 Period have made it possible for these employees to remain off work/laid off for much longer, without a termination being triggered.
If you were an employer keeping the July 3, 2021 end date in mind, you can forget that and add September 25, 2021 to your calendar.
Continue Reading IDEL COVID-19 Period Extended to September 25, 2021
We’ve discussed the unpaid Infectious Disease Emergency Leave (IDEL) in a number of our previous blog posts. On April 29, 2021, the Ontario government made updates to this leave and amended the Employment Standards Act, 2000 (ESA), introducing the Ontario COVID-19 Worker Income Protection Benefit. In addition to the unpaid IDEL, employers are now also required to provide eligible employees with the new paid IDEL – more specifically, up to $200 a day for up to three days – for reasons related to COVID-19. The three days need not be taken consecutively.
What are the eligible reasons for taking the paid IDEL?
Paid IDEL is available for certain reasons related to COVID-19, including:
Continue Reading The New Paid Infectious Disease Emergency Leave (IDEL)
Employers may brush off the importance of a Record of Employment (ROE) or even have their accountant handle all the details, but it is an important document in the realm of employment law. This document becomes significant when it comes to topics such as terminations, lay-offs, resignations, disability, illness, quarantine, a leave of absence and maternity or parental leaves. So here are the top 6 things that every employer should know when it comes to a Record of Employment.
Firstly, what is an ROE?
An ROE is a form that employers complete for employees who are receiving insurable earnings who have stopped working and are experiencing an interruption of earnings. This document is a requirement of the Employment Insurance Program. An ROE must be completed even if the employee is not applying for Employment Insurance Benefits.
Continue Reading Top 6 Things to Know Regarding ROEs
We had a feeling this might happen! And it has. The Ontario government has extended the length of the Deemed Infectious Disease Emergency Leave (IDEL) AGAIN! Enacting O. Reg 765/20, amending O. Reg 228/20 both under the Employment Standards Act (ESA).
We have been warning our clients – and webinar attendees – about the upcoming January 2, 2021 end to the Deemed IDEL – it has now been extended to July 3, 2021.
What is a Deemed IDEL?
Employees who were laid off or had their hours reduced from March 1, 2020, until July 3, 2021, are on a deemed IDEL. During normal times, we would consider these employees to just be laid off but these regulations convert any reduction in hours – including all the way to ZERO hours and ZERO pay – to be deemed IDELs and not layoffs.
Continue Reading New! IDEL Extension Until July 3, 2021
What a year it has been in the world of employment law! For our final webinar of 2020, join Lisa Stam and Hilary Page for a quick overview of important legal updates/the current lay of the land, along with an ‘open mic’ for your pressing questions.
Register today for our free SpringForward Legal Updates webinar