Employer options in the face of COVID-19

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Summary

This article will focus on the different mechanisms Ontario non-unionized employers have in their toolbox to send employees home with or without pay during hard times, especially because of business shutdowns and closures as a result of COVID-19 coronavirus. If an employee does volunteer to reduce his or her entitlements, the agreement should be in writing, and the employer should agree to provide some form of consideration in exchange for the relief, such as a bonus when things turn around. To support businesses that are facing revenue losses and to help prevent lay-offs and terminations as a result of COVID-19 coronavirus, the federal government is proposing $3.8 billion in aid to provide eligible small employers with a temporary wage subsidy for a period of three months. Any employee terminated in breach of the Human Rights Code or Employment Standards Act sick leave rules can be reinstated. As a result of the new law coming into effect, employees with coronavirus illness, symptoms or quarantine may take as many job-protected Infectious Disease Emergency Leave days as they require.

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