* This blog was updated on September 9, 2020.
What is sick leave?
In Ontario, employees are entitled to three unpaid days of sick leave per year regardless of when in the year they begin their employment, as long as they’ve worked for their employer for at least two consecutive weeks. Sick leave can be taken for personal illness, injury or a medical emergency. Ontarians cannot use this leave to take care of ill or injured family members, however there are other leaves employees can take for this reason.
About Sick Leave
The Employment Standards Act, 2000 (ESA) states that sick leave is job-protected, meaning employees cannot be terminated for taking this leave. Sick leave can be taken by employees regardless of whether their illness or injury was their own fault. Employees can also use sick leave to seek treatment for a health condition, including pre-planned elective surgery. Sick leave, however, cannot be taken for cosmetic surgery that is not medically necessary.
Employees may also use sick leave for mental health reasons such as stress or mental illness. Employers may ask for a medical note to verify that the employee is not well enough to come into work as long as the circumstances are reasonable.
COVID-19
The Ontario government has passed the Employment Standards Amendments Act (Infectious Disease Emergencies), 2020, on March 19, 2020. This leave allowed employees to take job-protected sick leave if they needed to self-isolate or quarantine due to COVID-19, and if they needed to stay at home to take care of children during school closures. This leave was job-protected, meaning that employees cannot be terminated for taking it.
On May 29, 2020, the government introduced Regulation 228/20 to the Ontario Employment Standards Act (ESA). Regulation 228/20: Infectious Disease Emergency Leave replaced the previous Infectious Disease Emergency Leave Regulation (O. Reg. 66/20). Regulation 228/20 extended the job-protected, unpaid leave to employees unable to work due to COVID-19 related reasons. It also got rid of temporary layoffs and constructive dismissal claims (with some exceptions) in Ontario during the COVID-19 period.
The COVID-19 period began on March 1, 2020, and was suppose to end six weeks after Ontario’s state of emergency was lifted (i.e., September 4, 2020). Regulation 228/20 was to be in effect during the COVID-19 period.
On September 3, 2020, the Ontario government made an amendment (O. Reg. 492/20) to Regulation 228/20. The new Regulation extended the COVID-19 period and the Infectious Disease Emergency Leave till January 2, 2021.
Want to know your employer obligations surrounding COVID-19?
Are you unsure of how to manage an employee that is sick or in quarantine? We are helping business affected by COVID-19 with HR concerns such as temporary layoffs, absences and remote work policies. Get advice on how to run your business during the COVID-19 pandemic, call our experts today: 1 (833) 247-3652.
