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The COVID-19 pandemic has caused one of the greatest shifts in the world of work in decades, and HR
professionals have been instrumental in helping their organizations navigate the unique challenges the
pandemic has created.
HRPA COVID-19 RETURN TO WORKPLACE SURVEY KEY FINDINGS REPORT (survey conducted May 19 and
May 27, 2021)
There have been some interesting legislation/strategies/policies developed to deal with various aspects
of the COVID-19 Pandemic as it relates to employment and compensation in particular.
While a number of initiatives were short-term measures instituted by either the Federal or Provincial
Governments and have since been cancelled, some have remained and a few notable private sector
strategies have surfaced. The following represent some examples:
1. Private Sector: Chapman's Ice Cream
In order to encourage full participation of its workforce in the COVID-19 vaccination program,
Chapman’s Ice Cream offered a pay increase incentive of a $1.00 per hour for all employees who
completed their two sets of vaccines within the recommended time frame. Those who did not receive
full vaccination were sent on unpaid leaves. To-date this decision has not been successfully challenged.
This compensation strategy resulted in a high percentage of Chapman employees being vaccinated
(over 98.5%). Despite some minor negative backlash there has been overwhelmingly positive feedback
from the public. As a result, the company has experienced a significant increase in positive employee
and public relations as well as increased sales and product demand in Canada and the United States.
2. Unpaid Leave Stands: Setting Common Law Practices
Employers are able to send unvaccinated employees on unpaid leave without repercussions if there is a
reasonable rationale for the need to protect their employees in the workplace; for example, if there has
been a COVID-19 outbreak at that site, or if employees have been required to return to work at a central
location rather than continuing to work from home.
3. Unpaid Infectious Disease Emergency Leave (Provincial Government legislation, ESA)
There is no specified limit to the number of days an employee can be on unpaid infectious disease
emergency leave. Employees have the right to take unpaid, job-protected infectious disease emergency
leave if they are not performing the duties of their position because of specified reasons related to a
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designated infectious disease. This leave is available to all employees who are covered by the
Employment Standards Act.
Employers cannot threaten, fire or penalize an employee in any other way because the employee took
or plans on taking an infectious disease emergency leave.
The only disease for which unpaid infectious disease emergency leave may be taken at this time is
COVID-19. Although the ESA was amended to include unpaid infectious disease emergency leave on
March 19, 2020, the leave entitlements for COVID-19 are retroactive to January 25, 2020 and have no
end date. An employee is entitled to take this unpaid leave so long as the conditions set out below are
met.
The reasons an employee may take unpaid infectious disease emergency leave:
1. If they will not be performing the duties of their position, include the following:
1. The employee is under individual medical investigation, supervision or treatment
related to a designated infectious disease.
2. The medical investigation, supervision or treatment can be in Ontario or in another
province, territory or country.
3. The employee is under an order from section 22 to 35 of the Health Protection Act.
4. The employee is under voluntary or involuntary quarantine as a result of the infectious
disease
2. The employee is providing help or support to someone who is suffering from the above
infectious disease.
4. Paid Infectious Disease Emergency Leave (Provincial Government-Ontario)
This program has been extended to Dec 31, 2021 (subject to review and extension)
On April 29, 2021, the Ontario Government amended the Employment Standards Act (ESA) to require
employers to provide employees with up to three days of paid infectious disease emergency leave
because of certain reasons related to COVID-19. This entitlement is in addition to employees’ rights to
unpaid infectious disease emergency leave.
Paid infectious disease emergency leave is available 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
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Getting individual medical treatment for mental health reasons related to 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 specified authority
Providing care or support to certain relatives for COVID-19 related reasons, such as when they
are:
o Sick with COVID-19 or have symptoms of COVID-19
o Self-isolating due to COVID-19 on the advice of a medical practitioner or other specified
authority
o Providing care or support to their child who is getting vaccinated against COVID-19 or is
experiencing side effects from the vaccine
Employers are generally required to pay employees the wages they would have earned had they not
taken the leave, up to $200 a day for up to three days.
Employer reimbursement for paid leave
Eligible employers are entitled to be reimbursed the amount of infectious disease emergency leave pay
that they paid to their employees, up to $200 per employee per day taken.
Employers can only claim reimbursement for individuals who are employees under the Employment
Standards Act (ESA).
Reimbursement is only for infectious disease emergency leave pay under the ESA. Employers are not
entitled to be reimbursed for vacation pay although employees are entitled to vacation pay for the
wages they earn while on the paid leave.
If an employee takes only part of a day as a paid infectious disease emergency leave, the employer can,
but does not have to, count it as a full day of leave.