Considerations for employers recalling employees to work
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Employers are encountering issues as they ask their employees to come back to work. We will take a look at some of these in today’s blog. 

A Recap 

Many employees were placed on layoffs in March 2020, when the shutdowns occurred. In Ontario, these layoffs were then converted into deemed Infectious Disease Emergency Leaves. While statutory layoff timelines normally restrict the amount of time an employee can be on a layoff before being considered terminated, in Ontario the Infectious Disease Emergencies Leave amendments to the Employment Standards Act changed this. Ontario employees can now be involuntarily off work (laid off) until January 2, 2020, without having a  termination triggered. 

A layoff does not end the employment relationship. It’s just a temporary pause, which anticipates that the employer will bring the employee back to work or recall them. 
Continue Reading Recalling Employees to Work: Considerations for Employers

On July 30, 2020, we sent out a note to our clients and readers alerting you all that because the state of emergency in Ontario ended on July 24, 2020, the deemed Infectious Disease Emergency Leaves (“IDEL”) would be ending on September 4, 2020. On September 3, 2020, the Ontario government made another change. The deemed IDEL has now been extended until January 2, 2021. You can check out the Ontario government’s news release and get further details in the Ministry of Labour’s Guide.

So, the clock has been reset once again.

Does This Apply to Me?
Continue Reading ONCE AGAIN Attention Employers with Employees on the IDEL! Deemed IDEL Now Extended to January 2, 2021!

government income replacement programs post-CERB
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Buh-Bye CERB

The federal government has introduced a suite of new income replacement programs which will take over from the Canada Emergency Response Benefit (CERB) once it ends on October 3, 2020. Note that individuals can still apply for the CERB until December 2, 2020, but the benefit application must be for income lost during the time period March 15, 2020 to October 3, 2020. FAQs about the CERB and the various application processes can be found on the government site here

Remember that while it has been very easy to get the CERB, it is not properly available to those who refuse to return to work or who quit their jobs because being on the CERB is more lucrative than working.
Continue Reading New Government Income Replacement Benefits

A Guide for Employers during COVID-19A Guide for Employers during COVID-19

This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated August 27, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage

workplace law advice for employers
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In these challenging times, in the midst of the pandemic, as workplaces re-open, pivot and change, we see the importance and immense value of having strategic employment and workplace law advice. Just a small allocation of thought space and time to being proactive could have changed the outcome of so many situations. We see it now in our firm in many ways. 

Having run a small business for over a decade, I can appreciate that employers are often triaging the urgent demand of finding solutions to client’s needs. Rarely did I have the time or opportunity to “smell the roses” let alone try to proactively anticipate the workplace law needs of my growing organization. However, I now see the critical importance of taking a proactive approach.
Continue Reading Workplace Law: It Pays To Be Proactive

employers options as schools re-open
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In some form or another, it’s looking like in-person learning will be going ahead this school year but that parents can keep their children home if they wish. In many cases, employers whose operations have been remote for the past several months are looking to bring employees back to the office. What if an employee doesn’t want to send their child back to school and subsequently insists that they cannot, therefore, come back into the office to work? What are an employer’s options?
Continue Reading School Re-Opening and Issues for Employers

The state of emergency in Ontario ended on July 24, 2020. This means a new clock has started ticking for employers with employees on what were temporary layoffs but were then converted into deemed Infectious Disease Emergency Leaves (IDEL) by O. Reg 228/20. While this sounds confusing, basically if your employees are off work involuntarily

Employer obligations to accommodate work refusals under the IDEL
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As workplaces re-open, employers are getting all kinds of objections from employees about coming back to work. Common among these are childcare responsibilities. While some daycares and day camps are operating, things are far from normal. What obligation do employers have to accommodate refusals to come back to work due to childcare responsibilities? 

Employee Protection Under the Infectious Disease Emergency Leave

In Ontario, employees who claim they cannot work due to childcare responsibilities may have job protection under the Infectious Disease Emergency Leave (IDEL). The IDEL provides job protection to employees who need to take a leave from work to care for their children whose school or daycare is closed because of COVID-19. The Ministry of Labour Guide on this leave also includes day camps being cancelled as a reason for the leave so we can be sure that the protection is meant to be expansive. 
Continue Reading Family Status Accommodation in the Time of COVID-19

The CEWS, the CERB and Returning to Work
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As we look towards returning to work and re-opening businesses we thought we would re-visit the CEWS and CERB, both of which have recently been extended. 

The CEWS (Canada Emergency Wage Subsidy) continues to provide employers with a wage subsidy to bring employees back. The CERB (Canada Emergency Response Benefit) may be working against employers in some instances, where employees do not want to come back or serve to make more money by not working and staying on the CERB. 

Extension of the CEWS

The government has doubled the length of the CEWS program to now extend until August 29, 2020. Eligibility for the CEWS is broken down into periods, where an employer needs to demonstrate a specific revenue reduction for that period. Periods 5 (July 5 – August 1) and 6 (August 2 to August 29) are expected to require a 30% reduction in revenue, however, details have not yet been announced.
Continue Reading The CEWS, the CERB and Returning to Work

resources for employers during COVID-19

Unchartered Workplace Waters

For many entrepreneurs and small businesses, the impact of COVID-19 has resulted in unprecedented losses in a short period of time.  It has been a time of incredible stress, uncertainty and countless questions about how you can stay afloat, best manage your team and, eventually, rebuild. 

At SpringLaw, we have been navigating