ARTICLE
3 May 2021

Ontario Government Announces Plan To Introduce Legislation Providing For Three Paid Sick Days

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Aird & Berlis LLP

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Aird & Berlis is a leading Canadian law firm with offices in Toronto and Vancouver, serving clients across Canada and around the world. We provide strategic legal advice on business, regulatory, constitutional, administrative law and public policy matters. Our lawyers and intellectual property professionals represent domestic and international clients, including multinational corporations, startups, individuals, governments and Indigenous nations. Aird & Berlis advises clients in all principal areas of law, such as capital markets, corporate, financial services, real estate, Aboriginal law, projects & infrastructure, restructuring & insolvency, intellectual property, litigation, municipal, land use planning & development, tax, technology and workplace law. Aird & Berlis is recognized as one of Canada’s leading law firms by national and international guides to the legal profession, including Chambers & Partners, Best Lawyers, The Legal 500, Lexology Index and Lexpert.
On April 29, 2021, the Government of Ontario announced that it would introduce new legislation that would provide for three (3) paid sick days for employees impacted by COVID-19.
Canada Coronavirus (COVID-19)

On April 29, 2021, the Government of Ontario announced that it would introduce new legislation that would provide for three (3) paid sick days for employees impacted by COVID-19.

The legislation, entitled the COVID-19 Putting Workers First Act, will grant three paid days to eligible employees in the following circumstances:

  • 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; and
  • taking care of a dependent who is:
    • sick with COVID-19 or has symptoms of COVID-19; or
    • is self-isolating due to COVID-19.

The program will be administered by the province's Workplace Safety and Insurance Board. While totalling three days of paid leave, the leave does not need to be taken consecutively. The program will be retroactive to April 19 and will end on September 25, the same date that the federal government's Canada Recovery and Sickness Benefit is set to expire.

The program will require employers to pay employees up to $200 a day in the event the employee is required to be absent from work due to COVID-19 for the reasons set out above. The Ontario government would then fully reimburse employers through the WSIB system.

Doctor's notes will not be required to qualify for these three paid sick days.

This program is not yet in force and employees are not currently entitled to take this leave. However, given the expected retroactivity of the compensation system, employers should plan their payroll obligations accordingly. Further details of the program are expected to be forthcoming, but no legislation has officially been introduced at the time of publishing this update.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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