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Employment Law Update: Ontario Puts in Place New Employment Regulation Due to COVID-19.

Updated: Feb 11, 2023

The Ontario government has recently introduced a new Regulation into the Employment Standards Act as a result of COVID-19. Ontario Regulation 228/20 - Infectious Disease Emergency Leave is designed to protect the job status of non-unionized employees during

the COVID-19 period. In this regard, employees in Ontario that have had their employment hours and wages reduced or eliminated as a result of COVID-19, will be deemed to be on temporary leave. Accordingly, the temporary reduction or elimination of work hours and wages for employees during and as a result of COVID-19, will not be considered a temporary layoff, or a constructive dismissal of employment in Ontario under the Employment Standards Act. Please note that the new Regulation that has now come into place retroactively applies to all affected non-unionized employees during the COVID-19 period.

*The above is for general information purposes only and is not to be construed as legal advice, as your specific situation may differ and require individual attention.*

For more information on your specific employment law situation, speak to one of our employment law litigation lawyers by booking a consultation online at, emailing us at, or reaching us by phone at 416-512-2529, and we would be happy to arrange a consultation.

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