covid-19 workplace law issues
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With the new Ontario Covid-19 response framework in place and Covid-19 still on the rise, employers need guidance on how to navigate workplace law issues.

During our last webinar, we covered this very topic and were flooded with employer questions. This is Part 2 of our Q&A on the second wave of Covid-19 workplace law issues.  Click here for Part 1.  

Question 7: If an employee chooses to work from home because of childcare, kids’ online learning/homeschooling, but their role is impossible to do at home, are we required to provide alternative work OR do they just go on leave? 
Continue Reading Covid-19 2nd Wave Workplace Law Issues: Part 2

Covid-19 workplace legal issues as winter approachesAs we now all head indoors for a few months, how will your business and workforce handle COVID-related restrictions? After 8 months of new pandemic rules and systems, pivoting and outdoor meetings, the long Canadian winter will no doubt bring fresh employment law issues. There’s only so much a cozy fireplace and wool socks can

coronavirus workplace legal considerations
Credits: www.cherrydeck.com

With the second wave of Covid-19 upon us, new government benefits now in place and government business restrictions shifting, it is important for employers to be up to speed on key workplace legal considerations and compliance issues.  During our last webinar, we covered this very topic and were flooded with questions from employers.  Below is part 1 of a summary of the most common Q&As.

Question 1: Are employees entitled to an accommodation to work from home if it is a choice or preference to not put their kids in school, rather than a need based on health issues?
Continue Reading Covid-19 2nd Wave Workplace Law Issues: Part 1

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 October 21, 2020).

Further free resources can be found here.

Should you need legal advice on how to manage

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

accommodating employees keeping kids home
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When is fear of Covid-19 justification for keeping kids home from school and to what extent does an employer have to accommodate the employee’s preference? While we’ve discussed this and similar issues on the blog in the past few weeks, a recent family court decision sheds some light on how courts might treat this issue.

Disagreement About Going to School

In Chase v. Chase, a divorced mother and father disagreed about whether their son should attend school in-person or do online learning. No one in either household had an underlying medical condition which would make them more vulnerable to complications from Covid-19. 
Continue Reading A Judge Decides About Going to School: Guidance 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!

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

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