On April 28, 2021, the Ontario provincial government announced that it will introduce the COVID-19 Putting Workers First Act in the legislature today. This legislation will create the Ontario COVID-19 Worker Income Protection Benefit which will be available until September 25, 2021. If passed, which is what we expect, this legislation will require Ontario employers to pay eligible employees up to $200 a day for up to three days of qualifying leave. The qualifying absences all involve specific reasons relating to COVID-19. These prescribed reasons which the government has announced include any of the following:

• going for a COVID-19 test;

• staying home awaiting the results of a COVID-19 test;

• being sick with COVID-19;

• going to get vaccinated;

• experiencing a side effect from a COVID-19 vaccination;

• having been advised to self-isolate due to COVID-19 by an employer, medical practitioner or other authority; or

• taking care of a dependent who is:

  • sick with COVID-19 or has symptoms of COVID-19 or

  • self-isolating due to COVID-19.

This Ontario COVID-19 Worker Income Protection Benefit will be available to any employee who is covered by the Ontario Employment Standards Act (“ESA”) who does not already receive paid sick time through their employer. This means that any independent contractors or federally-regulated employees will not qualify for the benefit. Eligible employees claiming this benefit will not have to provide their employer with a doctor’s note as evidence in support of the benefit.

Employers will be able to apply for a reimbursement from the Ontario Government, with details of the precise process still being developed. The expectation is that the application for reimbursement must be made within 120 days of the period of leave. The Ontario Government has not yet outlined the steps to apply for reimbursement, but more information will be provided if the legislation is passed.

If enacted, the Ontario COVID-19 Worker Income Protection Benefit will operate alongside the Canada Recovery Sickness Benefit (“CRSB”) which is administered by the Federal Government through the Canada Revenue Agency. The CRSB provides longer-term support for employees and self-employed workers who are unable to work at least 50% of their scheduled work week because they are either:

• sick with COVID-19;

• 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 also set to conclude on September 25, 2021.

Ontario’s move to adopt paid sick leave has come after much public criticism and media scrutiny which has been directed at the various responses to the pandemic. Given the significant attention given to this announcement, employers should expect that many employees will be quick to request this leave as soon as the relevant legislation is passed. As employers are likely well aware, the various rules relating to workplace laws and benefits are evolving quickly. It is therefore important to continue to monitor the progress of legislation and related legal developments.