Infectious Disease Emergency Leave: Uncertainty arising from recent Ontario Superior Court decisions
In May 2020, in response to the ongoing COVID-19 pandemic, the Ontario government introduced O:Reg. 228/20: Infectious Disease Emergency Leave (the “IDEL”), a regulation under the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”). The IDEL provides that during the “COVID-19 period” (March 1, 2020 to January 1, 2022), non-unionized employees whose hours…