Page 8 - D17319 - LBMA - Jul-Aug 21 Reporter - Final - web optimized

Insurance UPDATE

ontario provides 3 days of paid leave for

absences due to covid-19

Contributed by: n April 29, 2021, Ontario passed Bill 284, Eligibility for leave
Employees will be entitled to the paid leave if
lifeworks Othe COVID-19 Putting Workers First Act, 2021, they have to miss work under any of the following
which amends the Ontario Employment Standards
(formerly Morneau Act, 2000 to create a new form of paid leave for circumstances:
Shepell) Ontario employees who are unable to work for • The employee is under medical investigation,
reasons having to do with a designated infectious supervision or treatment related to the designated
disease, such as COVID-19. infectious disease; such treatment may include
Ontario employers are required to provide eligible obtaining a vaccination or recovery from associated
employees with up to three days of paid leave. side-effects of such a vaccination;
Participating employers will be able to apply for a • The employee is required to miss work in
reimbursement for payments they make in respect of accordance with an order under the Health
such leave. Protection and Promotion Act for a reason relating
to the designated infectious disease;
Amount of pay • The employee is in quarantine or isolation, or is
Under the provisions of Bill 284, eligible subject to a “control measure” (which has yet to
employees may receive up to $200 a day for up to be defined) as a result of information or directions
three days if they need to miss work related to the designated infectious disease issued
"Under the for a reason related to a designated by a relevant medical authority;
provisions of infectious disease, such as COVID-19. • The employee is under the employer’s direction
The precise amount of leave pay will in response to a concern that the employee may
Bill 284, eligible be calculated based on the employee’s expose others in the workplace to the designated
infectious disease;
employees may regular rate of pay. Employers are • The employee is providing care or support to a
required to pay eligible employees the
receive up to $200 a lesser of: dependent who,
• $200 per day, and - Is under individual medical investigation,
day for up to three • The wages the employee would supervision or treatment related to the
days if they need have earned had they not taken the designated infectious disease; or
leave or, if the employee receives - Is in quarantine or isolation, or is subject to a
to miss work for a performance-related wages (such as “control measure,” as a result of information or
reason related to... commissions or tips), the greater of: directions related to the designated infectious
• The employee’s hourly rate, if any; disease issued by a relevant medical authority.
COVID-19" and
• The minimum wage that would Employer reimbursement
have applied to the employee for the number of Participating employers may apply to the
hours the employee would have worked had they Workplace Safety and Insurance Board (WSIB) to be
not taken the leave. reimbursed for leave payments. Eligible employers
may claim up to $200 per employee per day.
Eligible employees will not be entitled to leave pay Employers will not be able to claim a
that exceeds their normal rate of pay if, for example, reimbursement for leave pay that they are required
the period of leave falls at a time when overtime pay to pay under an existing employment contract that
or a shift premium would have been payable. Nor are was in effect on April 19, 2021, nor can they claim
eligible employees entitled to premium pay if the a reimbursement if the employee receives WSIB
leave period falls on a public holiday.
Insurance Update continues on page 17...

8 LBMAO Reporter - July-August 2021 www.lbmao.on.ca