HR Home Forums Community Ontario – Voluntary Lay Off During COVID-19 Answer for Ontario – Voluntary Lay Off During COVID-19

vickyp
Keymaster
Post count: 4923

Under Ontario COVID emergency orders, you can avoid permanent termination by putting the employees on unpaid Infectious Disease Emergency Leave until July 3, 2021. During that period, you don’t have to make employer contributions to their benefits plans, as long as you weren’t making such contributions when they were first temporarily laid off. The employees can’t sue you for constructive dismissal because of being on temporary layoff while the order is in effect–at least under the ESA.
So, July 3 is pretty much D-Day for return to work–unless the government extends the deadline again (it already has twice). You’re free to encourage them to return any time before that but you can’t force them to do so. Of course, you also have the option to make the temporary layoff permanent if you’re willing to pay the required termination notice and other ESA entitlements. Hope that answers your question. Glenn