Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canadian Employment & Labour Law

Making the law work for your workplace.

open menu close menu

Dentons Canadian Employment & Labour Law

  • Home
  • About Us
  • Topics
    • Topics
    • Labour
    • Workplace investigations
    • Montréal Newsletter

Never mind… Ontario’s Infectious Disease Emergency Leave is not ending September 4, 2020

By Julia Dales
September 4, 2020
  • Employment Standards
Share on Facebook Share on Twitter Share via email Share on LinkedIn

In May 2020, the Government of Ontario made O. Reg. 228/20 under the Employment Standards Act, 2000 (ESA), which converted temporary layoffs because of COVID-19 to a job-protected Infectious Disease Emergency Leave (deemed IDE Leave). As a result, non-unionized employees could not claim constructive dismissal under the ESA on the basis of eliminated or reduced work hours related to COVID-19.

Under the Regulation, the deemed IDE Leave was to end six weeks after the end of Ontario’s declared State of Emergency. Given that Ontario’s State of Emergency ended on July 24, 2020, deemed IDE Leave was to end on September 4, 2020 — or so it was believed.

However, in a press release issued late in the afternoon on September 3, 2020, the Government of Ontario announced that O. Reg. 228/20 has been amended such that employees experiencing temporary reductions or elimination of work hours will continue to be considered on deemed IDE Leave until January 2, 2021. This means that employers can continue temporary layoffs that are because of COVID-19 without risk of facing constructive dismissal claims under the ESA, currently at least until the New Year. Short of further legislation, effective January 3, 2021, the deemed IDE Leave will come to an end and temporary layoff rules will apply once again, but the temporary layoff clock will reset.

We will update this blog as more information is released about the amendment.  

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Julia Dales

About Julia Dales

Julia Dales is an associate in Dentons’ Litigation and Dispute Resolution group. Based in Ottawa, Julia’s multi-faceted practice encompasses all aspects of civil litigation, employment and labour, and privacy law.

All posts Full bio

RELATED POSTS

  • Employment Standards

Medical Marijuana in the Workplace

With the recent expansion of legislation permitting the production, sale and use of marijuana for medical purposes, employers should begin […]

By Catherine Coulter
  • Employment Standards

Exploring fixed term contracts: Legal considerations for employers

By Colleen Hoey
  • Employment Standards

BC and Ontario Employers Take Note: Upcoming Minimum Wage Changes

Ontario Last fall the Ontario Employment Standards Act, 2000 was amended to index increases to the minimum wage to Ontario’s […]

By Matthew Curtis

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

  • Amendments to Safety Laws
  • Confidentiality/Trade Secrets
  • Constructive Dismissal
  • COVID-19
  • Criminal Offences by Employees
  • Employment Standards
  • Executive Compensation
  • General
  • Human Rights
  • Immigration
  • Labour
  • Montréal Newsletter
  • Occupational Health and Safety
  • Pay Equity
  • Pensions and Benefits
  • Privacy
  • Restrictive Covenants
  • Union Issues
  • Workers' Compensation
  • Workplace investigations
  • Wrongful Dismissal
  • WSIB

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2025 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site