Provincial Government Support for Workers, Municipalities and Retailers

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Job-protected leave

The act provides job protection for employees unable to work for the following reasons:

  • The employee is under medical investigation, supervision or treatment for COVID-19.
  • The employee is acting in accordance with an order under the Health Protection and Promotion Act.
  • The employee is in isolation or quarantine in accordance with public health information or direction.
  • The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
  • The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
  • The employee is prevented from returning to Ontario because of travel restrictions.

An employee will be able to take infectious disease emergency leave to care for the following individuals:

  • The employee’s spouse.
  • A parent, step-parent or foster parent of the employee or the employee’s spouse.
  • A child, step-child or foster child of the employee or the employee’s spouse.
  • A child who is under legal guardianship of the employee or the employee’s spouse.  
  • A brother, step-brother, sister or step-sister of the employee.
  • A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.  
  • A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.
  • A son-in-law or daughter-in-law of the employee or the employee’s spouse.
  • An uncle or aunt of the employee or the employee’s spouse.
  • A nephew or niece of the employee or the employee’s spouse.
  • The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
  • A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
  • Any individual prescribed as a family member for the purposes of this section.

The act also makes it clear that an employee will not be required to provide a medical note if they need to take the leave. However, the employer may require the employee to provide other evidence that is reasonable in the circumstances, at a time that is reasonable in the circumstances. This could include such requests as a note from the daycare or for evidence that the airline cancelled a flight, but not a medical note.

These measures are retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario. They will remain in place until COVID-19 is defeated.

For information about how the provincial government is support businesses, CLICK HERE.