CHAUDHRI: Employees may sit idle a while longer
If you thought you were heading back to work at the end of Ontario’s declared emergency, you may have to think again.
On Sept. 3, the Ontario government announced that it will extend the Infectious Disease Emergency Leave (IDEL) to help businesses cope with COVID-19 until January.
Under the terms of IDEL, a non-unionized employee is not considered to be laid off if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19.
This latest announcement represents a more than four-month extension for employers to recoup losses while leaving many employees in a perpetual lurch.
While taking a measured approach to reopening the province is prudent, the multiple extensions to government benefits and declared emergencies have left employees weary and dejected.
When COVID hit, most of us believed any interruption in work would be no more than a short respite from the daily grind. As we are closing in on six months of COVID interruption, our nation’s unemployment rate remains high and disproportionately affects vulnerable groups like women, and people of colour.
Many workers mistakenly believe they are on a layoff and that if employees are not recalled within 13 or 35 weeks, they are entitled to termination pay. The Ontario government’s newly announced amendments delay termination and severance liabilities until at least January 2021.
Conversely, this is wonderful news for employers that will not be required to pay termination and/or severance obligations if employees were laid off due to COVID-19 in March. Per the new regulation, the Employment Standard Act’s regular rules around temporary layoffs will resume Jan. 3, 2021, should no further extension be granted.
Employees who are home now, may then be subject to temporary layoff with a clock that resets on Jan. 3, 2021.
It is not all bad news for employees, though, as the Canada Emergency Response Benefit (CERB) was extended by four weeks from 24 weeks to 28 weeks. You may be eligible for CERB if you:
— Stopped working due to COVID-19; or
— Eligible for regular employment insurance benefits.
Of course, if the CERB benefit does not come close to replacing your lost wages, seeking legal representation or at least legal advice on how to navigate your employment situation is the best way to go.
On to your questions from this week:
Q. I have a cousin who thought he was qualified for CERB and received the $2,000. After paying a bunch of overdue bills, he found out he wasn’t qualified. He then returned the remaining $1,400. My cousin’s employer is one of those who believes “those who don’t qualify for CERB and still get the money should get life in prison.” Can this affect my cousin’s employment? My cousin’s accountant told him as long he didn’t cheat the company he works for, and pays back the CRA the $600 at tax time next year, it’s none of the employer’s business. Is that true?
A. Employers are not entitled to knowledge of EI benefits received by employees during COVID as a return to work condition. Your cousin should be fine if he deals with the repayment obligation promptly. For those that took CERB when not rightfully entitled to it and are subject to penalty or a public decision in the future, this may impact employment to the extent that your employer may find the conduct objectionable and contrary to the mandate of the company.