COVID-19 has caused a lot of uncertainty for all of us as we cope with this once in a life time event. As time goes on, people continue to try to figure out their rights with regards to various things such as their work, government benefits, insurance, and countless others. Below you can find a list of resources you may find helpful during this time: (As more information becomes available, updates will be made to this page)
In order to support Canadians during the pandemic, the Government implemented several new benefits to provide a source of income to the thousands of people who lost their jobs during this time. It is important to understand how these benefits work, and how they can help you:
While this benefit has ended as of September 26, 2020, it is important keep in mind that applications are accepted retroactively until December 2, 2020. This means that individuals who, did not apply for CERB in the past few months and realize that they were actually eligible for this benefit, can apply to receive the benefit now, for each month that they were eligible, as long the application is received on or before December 2, 2020.
Please see the Government of Canada website for more details: https://www.canada.ca/en/services/benefits/ei/cerb-application.html
The government has promised to transition everyone who is eligible to Employment Insurance benefits. This will happen automatically if you received CERB through Service Canada, however, if you instead received CERB through an application with CRA, then you will have to apply for EI.
Many people have expressed concerns regarding the transition from CERB to other benefits, especially since a significant number of those who received CERB are expected to not qualify for EI benefits. In order to address such cases, the Government has made changes to the EI program, and implemented the following benefits to support those who continue to be ineligible for EI despite the recent changes:
$500 dollars a week benefit, available for up to 26 weeks for those who are not eligible for EI, and have lost their employment or self-employment source of income, due to COVID-19, or have seen their income reduced by at least 50%. This benefit is payable for 2 weeks, at which point you will have to apply again, which you may do for up to 13 periods.
$500 dollars a week for up to 26 weeks per household, for those unable to work for at least 50% of the week because they must take care of a child under 12 years old or family member, because schools, daycares or other facilities are closed due to COVID-19, or because the child or family member is sick. The benefit is paid one week at the time, therefore those who are eligible on consecutive weeks must reapply.
$500 dollars a week for a maximum of 2 weeks, available for those unable to work for at least 50% of the week because they contracted COVID-19, or had to self-quarantine because of reasons related to COVID-19. This benefit is also available for those who, in the opinion of a medical professional, are more susceptible to COVID-19. The benefit is only available for 2 weeks, and those eligible must apply each week they wish to receive the benefit.
For more detail regarding these benefits, see the following link to the Government of Canada website: https://www.canada.ca/en/services/benefits/ei/cerb-application/transition.html
As COVID-19 continues to cause mass layoffs, business closures and affects the health of many around us, it becomes increasingly important to understand our legal rights with regards to our jobs, businesses, and health.
Many are left wondering what to do if they are terminated from their job or are indefinitely laid off. Similarly, those who have had the opportunity to sign up for income coverage such as Long-Term Disability Insurance may be wondering how their benefits could be affected by COVID-19, and whether they will be able to access them during these difficult times.
You can find information, and resources specific to your Employment Rights and LTD insurance questions here:
Due to recent developments in the Courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to COVID-19, which have had a direct effect on the employment agreements of most Ontario employers, employers have increasingly sought to update their employment agreements with current employees as well as potential new hires. Currently, we […]
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the COVID pandemic, called the COVID-19 Worker Income Protection Benefit. The new law will require employers to provide employees with up to $200 dollars per day, for up to 3 days, if they are missing work because of […]
As a result of the COVID pandemic, the government of Ontario modified the Employment Standards Act (ESA) to create a new form of leave, being the “Infectious Disease Emergency Leave”. The new regulations exempted employees who were temporarily laid off for reasons related to COVID, from eligibility to termination and severance pay. Instead, temporarily laid […]
In order to address the continuing effects of COVID, the province declared a state of emergency again on January 12, 2021, effectively issuing a stay-at-home order. The new measures are to be in effect from January 14, 2021 until at least February 11, 2021. The new measures will directly affect workplaces to varying degrees. Essential […]
Since the beginning of the COVID pandemic, given its severe negative effects on the job market, there has been an outstanding question of how Courts in Ontario will resolve employment termination cases in the context of the pandemic. Due to the time required from the day of termination until a matter is resolved in Court, […]
The government of Ontario has decided to extend the new Employment Standards Act (“ESA”) regulations, resulting from COVID-19, with regards to temporary layoffs, constructive dismissal, termination and severance. The regulations which were set to expire in January 2, 2021, have now been extended until July 3, 2021. This means that non-unionized employees, whose hours are […]
Long-Term Disability Insurance, also commonly known LTD Insurance, refers to a type of coverage that will pay benefits to compensate for a portion of your income in the event that you become unable to work due to a medical condition. You may have access to this type of coverage under a group plan through your […]
As the COVID-19 pandemic continues to affect the job market, causing many to be laid off from their jobs or have their hours substantially reduced at work, many people are left wondering whether they have any rights in this situation. Generally speaking, there are two sources providing rights to non-unionized employees when they are laid […]
Back to work for first time since COVID, and my job has dramatically changed, what are my legal rights? COVID-19 has caused significant changes to the job market in Ontario and all of Canada, many people have lost their jobs and businesses have been forced to close down. However, even if you remain employed, you […]
What is the duty to mitigate and am I obliged to mitigate during the COVID-19 pandemic? In Ontario, entitlements upon termination arise from two sources: The Employment Standards Act (ESA), which lays out the minimum standards in employment relationships, and the common law. Over time, the law has developed such that, if you agree to […]
Can my employer make me sign a release upon termination? When employees are terminated without notice they are typically provided with a termination letter outlining what the employer is offering in terms of a monetary payout. It can be incredibly stressful to experience a termination and have to make decisions regarding accepting or denying an […]
What are my entitlements if I get terminated? Many employers include a probationary period in the employment contracts they offer to prospective employees. Generally, the probationary period is 3 months, but there is no limit to the maximum length a probationary period may be. The purpose of a probationary period is to give the […]
An employment contract is frustrated when, through no fault of either party, it becomes impossible to fulfill the contract. For example, where a firefighter suffers an injury outside of the workplace, that renders him or her unable to ever again perform the physical activities demanded of the job, the contract can be considered frustrated. According […]
In the early days of the COVID, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the Courts would take into account the negative effects of COVID on the job market, when assessing whether employees have met their duty to mitigate. Similarly, it was suggested that the […]
In order to facilitate the transition from CERB to EI benefits, the government implemented several changes to ensure that more people would qualify and the benefit amount stayed relatively on par with CERB. These changes are expected to be in effect for 1 year starting on September 27, 2020. Some of the changes are outlined here below:
For more information with regards to the Employment Insurance program recent changes, please see the following link: https://www.canada.ca/en/services/benefits/ei/notice-covid-19.html
The ESA dictates the minimum employment rights enjoyed by workers in Ontario. The Ministry of Labour decided to make changes to some of the provisions outlined on the ESA due to COVID-19. These changes, which will be effective from March 1, 2020 to January 2, 2021, include the following:
For more information on how these recent changes to the ESA may affect you, please refer to the Ministry of Labour website; https://www.labour.gov.on.ca/english/es/
Please find below a list of resources that can assist you with other specific COVID-19 related questions:
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