Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19

On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…

Adverse Reactions to COVID-19 Vaccines: Employers’ WSIB Reporting Obligations and Claim Costs

The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…

WSIA Calculation for Premium Payable by Employers for 2021 Amended

On April 14, 2021, Bill 238, Workplace Safety and Insurance Amendment Act, 2021, received Royal Assent and came into force. Bill 238 amends the Workplace Safety and Insurance Act, 1997 (WSIA) to add a calculation rate for the 2021 calendar year (or such later date as prescribed by regulation) for the Workplace Safety and Insurance…

COVID-19 Update: Certain Businesses Permitted to Reopen, and More

In this FTR Now: Province allows businesses to reopen; Ontario announces workplace health and safety guidance; Ontario expands the list of essential workers eligible to receive free emergency child care; Further amendments to the Employment Insurance Act and New Canada Emergency Student Benefit; and more!

WSIB Announces Relief Package for Businesses

The Workplace Safety and Insurance Board (WSIB) has announced a financial relief package which will allow the deferral of premium reporting and payments until August 31, 2020. Businesses which report and pay monthly, quarterly or annual premiums are eligible for the deferral. Specifically, the deferral applies to payments due on the following dates: Monthly: March…

WSIB Schedule 1 Regulation Filed Further to New Rate Framework

In anticipation of the Workplace Safety and Insurance Board’s new Rate Framework implementation date of January 1, 2020, the Ontario government filed Ontario Regulation 417/19 which amends O. Reg. 175/98 (General Regulation) made under the Workplace Safety and Insurance Act, 1997. O. Reg. 417/19 revokes and replaces Schedule 1 of the General Regulation, to reflect…

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.

WSIB Chronic Mental Stress Policy: One Year Later

Since January 2018, workers have been entitled to WSIB benefits for chronic mental stress where the chronic mental stress is caused by a substantial work-related stressor such as workplace harassment and other criteria are satisfied. This Advantage CPD session will provide employers with a practical update on how this policy is being applied by the WSIB at each stage of claim adjudication, and how these WSIB claims may impact proceedings in other forums.