As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.
Practice Area: Employment Law
Ontario Announces First Stage of Reopening Province
On May 14, 2020, the Ontario government announced that certain workplaces will be able to resume operations beginning May 19, 2020, signalling the start of Stage 1 of the second phase of the province’s reopening strategy, “A Framework for Reopening our Province” (Stage 1). The government also announced additional seasonal services and activities that may open May 16, 2020.
COVID-19 and Long-Term Care – Government Permits Mandatory Management Orders to Address COVID-19 Challenges
On May 13, 2020, the Ontario government issued an order (O. Reg. 210/20, Management of Long-Term Care Homes in Outbreak) (Order) made under the Emergency Management and Civil Protection Act which is intended to provide long-term care homes with additional assistance in managing COVID-19 outbreaks.
Ontario Enables School Board Employees to Be Redeployed to Congregate Care Settings
On May 8, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 205/20 – Education Sector (Order) made under the Emergency Management and Civil Protection Act which applies to all school boards within the meaning of the School Boards Collective Bargaining Act, 2014 in Ontario.
Federal Government Will Not Permit Employers to Top-Up the CERB Through a SUB Plan
On May 8, 2020, the federal government published a new question and answer (Q&A) about the use of Supplemental Unemployment Benefit (SUB) plans to top-up the Canada Emergency Response Benefit (CERB).
Ontario Order Eases Restrictions and Expands List of Essential Businesses to Include Professional Sports League Training Facilities
On May 7, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 200/20 (Order) made under the Emergency Management and Civil Protection Act which amends O. Reg. 82/20 – Closure of Places of Non-Essential Businesses. The Order confirms the easing of restrictions that will allow retail and certain essential construction to resume activity effective at specified dates, as we described in our Human Resources Legislative Update of May 6, 2020 Ontario to Ease Restrictions for Retail and Essential Construction.
Temporary Pandemic Pay – Update on Recent Developments
There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.
Ontario to Ease Restrictions for Retail and Essential Construction
The Ontario government has announced the easing of restrictions that will allow specific businesses to resume activity. The incremental changes will come into effect over the next week…
Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout
In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.
New Measures to Support the Delivery of Frontline Care in the Long-Term Care Setting
In this FTR Now, we review the latest order (Order) made under the Emergency Management and Civil Protection Act (EMCPA) on April 24, 2020 regarding temporary measures focusing on the long-term care sector and the fight against COVID-19 (O. Reg. 174/20). We also discuss the new temporary pandemic payment introduced to support certain frontline workers in Ontario, announced by the Ontario government on April 25, 2020.