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On May 29 2020 the Ontario government made some COVID-19 related changes to the ESA with regards to temporary layoffs, constructive dismissal, paid benefits, etc. These temporary rules apply retroactively to March 1, 2020 and will expire six weeks after the declared emergency ends. Do any of these changes apply to a non-union employee if they were placed on a temporary layoff prior to March 1 2020?

These changes will not apply to an employee placed on a layoff prior to March 1, 2020. However, unless your contract of employment specifies that the company can place you on temporary layoffs, you can consider your employment to have been terminated effective the commencement of the layoff and be entitled to a severance package. Please contact us at 1-855-821-5900 if this situation applies to you.
The Lawyers at Samfiru Tumarkin LLP
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