Employment & Legal Assistance

Government has made available a number of easy to use resources to help employers, employees, and self-employed individuals access employment and legal related services. As operating requirements continue to evolve, it remains important for all employers to ensure they are aware of their obligations to their employees under various legislation. See below for a list of resources for guidance.

The Employment Standards Act, 2000 (ESA) sets out minimum standards of employment for most employees in Ontario workplaces. It does not prohibit employers from requiring employees to stay at home due to potential public health risks, like COVID-19 (coronavirus).

Generally, an employer is not required under the ESA to pay an employee wages if the employee has not worked. Some employees may have additional rights under:

  • an employment contract (including a collective agreement)
  • the common law
  • other legislation

Employees may be entitled to employment insurance benefits or other federal government financial supports.

On March 16th, 2020 the Province of Ontario announced legislation which provides job-protected leave to employees in isolation or quarantine due to COVID-19, or those who need to be away from work to care for children because of school or daycare closures. The legislation ensures that an employee will not be required to provide a medical note if they take the leave. The measures would be retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario.

What this means for businesses:

  • Employees will have the right to job-protected leave for COVID-19 quarantine or isolation purposes, or to care for children.
  • Employees will not have to provide a medical note for COVID-19 leave.
  • Job protection for COVID-19 leave will be in effect from January 25th, 2020 onwards.

Details below:

The Government of Ontario has recently amended the Ontario Employment Standards Act, 2000 (“ESA”) to provide an additional job-protected, unpaid leave of absence (Infectious Disease Emergency Leave) if an employee will not be performing the duties of his or her position because of various reasons related to a designated infectious disease. Those reasons include:

  1. that the employee is under medical investigation, supervision or treatment;
  2. that the employee is subject to an order of a medical officer of health or a court under the Health Protection and Promotion Act;
  3. that the employee is in quarantine or isolation undertaken because of information or direction of a public health official, qualified health practitioner, Telehealth Ontario, the governments of Ontario or Canada, a municipal council or a board of health;
  4. that an employer directs the employee to stay at home because of concerns that the employee might expose others in the workplace to the designated infectious disease;
  5. that the employee is providing care to a specified individual; or,
  6. that the employee is affected by travel restrictions preventing them, the employee, from returning to Ontario.

Click here for more information on COVID-19 and employment standards protections.

The Canada Recovery Sickness Benefit (CRSB) gives income support to employed and self-employed individuals who are unable to work because they are sick or need to self-isolate due to COVID-19, or have an underlying health condition that puts them at greater risk of getting COVID-19. The CRSB is administered by the Canada Revenue Agency (CRA). 

If you are eligible for the CRSB, you can receive $500 ($450 after taxes withheld) for a 1-week period. 

If your situation continues past 1 week, you will need to apply again. You may apply up to a total of 2 weeks between September 27, 2020 and September 25, 2021. 

Click here for full eligibility details on the CRSB and information on how to apply.

The Canada Recovery Benefit (CRB) gives income support to employed and self-employed individuals who are directly affected by COVID-19 and are not entitled to Employment Insurance (EI) benefits. The CRB is administered by the Canada Revenue Agency (CRA). 

If you are eligible for the CRB, you can receive $1,000 ($900 after taxes withheld) for a 2-week period. 

If your situation continues past 2 weeks, you will need to apply again. You may apply up to a total of 13 eligibility periods (26 weeks) between September 27, 2020 and September 25, 2021.

Click here for full eligibility details on the CRB and information on how to apply..

The Canada Recovery Caregiving Benefit (CRCB) gives income support to employed and self-employed individuals who are unable to work because they must care for their child under 12 years old or a family member who needs supervised care. This applies if their school, regular program or facility is closed or unavailable to them due to COVID-19, or because they are sick, self-isolating, or at risk of serious health complications due to COVID-19. The CRCB is administered by the Canada Revenue Agency (CRA).

If you are eligible for the CRCB, your household can receive $500 ($450 after taxes withheld) for each 1-week period.

If your situation continues past 1 week, you will need to apply again. You may apply up to a total of 26 weeks between September 27, 2020 and September 25, 2021.

Click here to apply now.

The Federal government announced changes to Employment Insurance, in light of recent events. Service Canada will support Canadians affected by COVID-19 and placed in quarantine, with the following support actions:

  • Employment Insurance (EI) sickness benefits provide up to 15 weeks of income replacement and is available to eligible claimants who are unable to work because of illness, injury or quarantine, to allow them time to restore their health and return to work. Canadians quarantined can apply for Employment Insurance (EI) sickness benefits.
  • People claiming EI sickness benefits due to quarantine will not have to provide a medical certificate
  • The one-week waiting period for EI sickness benefits will be waived for new claimants who are quarantined so they can be paid for the first week of their claim.
  • Establishing a new dedicated toll-free phone number to support inquiries related to waiving the EI sickness benefits waiting period.
  • Priority EI application processing for EI sickness claims for clients under quarantine.
  • Contact the new dedicated toll-free phone number if you are in quarantine and seeking to waive the one-week EI sickness benefits waiting period so you can be paid for the first week of your claim:
    • Telephone: 1-833-381-2725 (toll-free)
    • Teletypewriter (TTY): 1-800-529-3742