Updates to the Employment Standards Act, 2000

Summary:  On April 29, 2021, Ontario’s Covid-19 Worker Income Benefit came into effect and the Employment Standards Act, 2000 (ESA) was amended. Employers are now required to provide eligible employees with up to three days of paid infectious disease emergency leave because of certain reasons related to COVID-19.

Eligible employers must also make their application for reimbursement to the Workplace Safety and Insurance Board within 120 days of the date the employer paid the employee (click here to learn more).

Why This Matters:  Paid sick days are a racial, economic, disability and gender justice issue that disproportionately impacts Black folks.  According to Decent Work and Health, “over 80% of COVID-19 cases in Canada have been linked to long-term care, where workers are primarily racialized women [femmes and gender diverse folks]  earning low wages in precarious jobs.”  Moreover, “women [femmes and gender diverse folks] not only disproportionately provide unpaid care work, but are more likely to report losing wages to care for others when they fall ill”.  Additionally, “workers with disabilities are over-represented in precarious occupations, face added expenses generally, and suffer more harm from the scarcity of paid sick days”.  Accordingly, the modest addition of three paid sick days could be a matter of life or death for some. (Click here to learn more)

Conclusion:  Employees who take sick leave are entitled to the same rights as employees who take pregnancy or parental leave. For example, employers cannot threaten, fire or penalize in any way an employee who takes or plans on taking a sick leave. See “Rights for employees taking pregnancy and parental leaves” in the “Pregnancy and parental leave” chapter of this guide.