Vey Willetts lawyer Andrew Vey was recently interviewed by Canadian HR Reporter concerning the expiry of deemed Infectious Disease Emergency Leave (“IDEL”). In an article entitled “Will end of deemed IDEL lead to a rise in constructive dismissal claims?”, Vey walked through the practical implications of this legal development for both employers and employees.
As long-time blog readers will know, Vey has been tracking the evolution of deemed IDEL throughout the COVID-19 pandemic. What was originally supposed to be a short-term measure to help shield employers from unanticipated severance costs ultimately grew into something which allowed employees to be placed off work, without pay, for up to 2.5 years.
Upon the expiry of deemed IDEL, Vey provided the following advice to employers with staff yet to be recalled to active service:
“Go back and look to see where things left off: What did this person's job look like? What was their compensation like…and how does that fit within the new structure of your organization now?
….
If you have an alternative job, be ready to explain what that looks like, what it's going to entail, how compensation terms will be treated, and be prepared with an off ramp — if you're offering something that is dramatically different, you may want to also come in and say, ‘OK, we realize this may not be what you want or what you expect, so we're prepared to also discuss [a] severance package with you, if that's the option you want to go.’”
Deemed IDEL is a relatively new addition to employment law in Ontario. If you have questions with respect to its application, our experienced employment lawyers are available to help guide you forward.
Vey Willetts LLP is an Ottawa-based employment and labour law boutique that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in the National Capital Region and across Ontario. To speak with an employment lawyer, contact us at: 613-238-4430 or info@vwlawyers.ca