On April 29, 2021, the Ontario Government passed Bill 284, COVID-19 Putting Workers First Act, 2021 amending the Employment Standards Act, 2000 (the “ESA”) to require employers who do not already have a paid leave program to provide employees with up to three (3) days of paid leave for reasons related to COVID-19.
Paid Leave
Under Bill 284, employers are now required to pay employees up to $200 a day for up to three days. The three days do not need to be taken consecutively.
Paid leave will be granted to eligible employees for certain reasons related to COVID-19 including:
• going for a COVID-19 test
• staying home awaiting the results of a COVID-19 test
• being sick with COVID-19
• going to get vaccinated
• experiencing a side effect from a COVID-19 vaccination
• having been advised to self-isolate due to COVID-19 by an employer, medical practitioner or other authority
• taking care of a dependent who is:
o sick with COVID-19 or has symptoms of COVID-19
o self-isolating due to COVID-19
The province has partnered with the Workplace Safety and Insurance Board (“WSIB”) to deliver the program. The program is retroactive to April 19, 2021 and will end on September 25, 2021 the same date that the Canada Recovery and Sickness Benefit is set to expire. However, the legislation does allow for the date to be extended.
Eligibility
Under Bill 284, the three days of paid leave are only available to employees who:
(a) are covered by the ESA (independent contractors or federally regulated employees would not qualify for these days)
(b) do not already receive paid sick time (three or more days) through their employer.
Employers cannot require an employee to provide a doctor’s note to qualify for the three days of paid leave.
Employer Reimbursement
Eligible employers can apply to the WSIB to be reimbursed for payments, up to a maximum of $200 per day, per employee. If the employee’s regular rate of pay is less than $200 day, the employer will only be eligible for a reimbursement of the employee’s regular rate of pay. Eligible employers must make their application for reimbursement within 120 days of the paid leave.
Key Takeways
All employers should carefully review their existing policies regarding paid sick days, as well as understand the interaction between their policy and the new program. For those employees without paid sick days, this marks an important chance in trying to support workers during the pandemic.
If you are an employer or employee with questions related to this paid leave, contact a Turnpenney Milne LLP lawyer today.