50.1 (1) In this section, “board of health” has the same meaning as in the Health Protection and Promotion Act; (“conseil de santé”) “designated infectious disease” means an infectious disease
designated by the regulations for the purposes of this section; (“maladie infectieuse désignée”) “public health official” means, (a)  within the meaning of the Health Protection and Promotion Act, (i)  the Chief Medical Officer of Health or Associate Chief Medical Officer of Health, (ii)  a medical officer of health or an associate medical officer of health, or (iii)  an employee of a board of health, or (b)  a public health official of the Government of Canada; (“fonctionnaire de la santé publique”) “qualified health practitioner” means, (a)  a person who is qualified to practise as a physician or nurse under the laws of the jurisdiction in which care or treatment is provided to the employee or an individual described in subsection (8), or (b)  in the prescribed circumstances, a member of a prescribed class of health practitioners. (“praticien de la santé qualifié”) 2020, c. 3, s. 4 (1). Interpretation, treatment (1.0.1) For greater certainty, in this section, a reference to treatment related to a designated infectious disease includes receiving a vaccine for the designated infectious disease and recovery from associated side effects. 2021, c. 9, s. 2 (1). Leave of absence without pay (1.1) An employee is entitled to a leave of absence without pay if the employee will not be performing the duties of his or her position, (a)  because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act
and, (i)  because of an order that applies to him or her made under section 7.0.2 of the Emergency Management and Civil Protection Act, (ii)  because of an order that applies to him or her made under the Health Protection and Promotion Act, (iii)  because he or she is needed to provide care or assistance to an individual referred to in subsection (8), or (iv)  because of such other reasons as may be prescribed; or (b)  because of one or more of the following reasons related to a designated infectious disease: (i)  The employee is under individual medical investigation, supervision or treatment related to the designated infectious disease. (ii)  The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease. (iii)  The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means. (iv)  The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease. (v)  The employee is providing care or support to an individual referred to in subsection (8) because of a matter related to the designated infectious disease that concerns that individual, including, but not limited to, school or day care closures. (vi)  The employee is directly affected by travel restrictions related to the designated infectious disease and, under the circumstances, cannot reasonably be expected to travel back to Ontario. (vii)  Such other reasons as may be prescribed. 2020, c. 3, s. 4 (1). Leave of absence with pay (1.2) In addition to any entitlement under subsection (1.1), an employee is entitled to a paid leave of absence if the employee will not be performing the duties of the employee’s position because of one or more of the following reasons related to a designated infectious disease: 1.  The employee is under individual medical investigation, supervision or treatment related to the designated infectious disease. 2.  The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease. 3.  The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means. 4.  The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease. 5.  The employee is providing care or support to an individual referred to in subsection (8) because, i.  the individual is under individual medical investigation, supervision or treatment related to the designated infectious disease, or ii.  the individual is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means. 2021, c. 9, s. 2 (2). Limit, number of days (1.3) Subject to subsection (1.4), an employee is entitled to take a total of three paid days of leave under subsection (1.2). 2021, c. 9, s. 2 (2). Paid leave taken under employment contract (1.4) If, on April 19, 2021, an employee is entitled to take paid leave under an employment contract in any of the circumstances for which the employee would also be entitled to take a leave under subsection (1.2), the employee’s entitlement under subsection (1.3) is reduced by the employee’s entitlement under the contract. 2021, c. 9, s. 2 (2). Same (1.5) Subsection (1.4) applies only if the employer is required under the employment contract to pay the employee for the paid leave an amount that is equal to or greater than what the employee would be entitled to under subsection (1.11). 2021, c. 9, s. 2 (2). Leave deemed to be taken in entire days (1.6) If an employee takes any part of a day as paid leave under subsection (1.2), the employer may deem the employee to have taken one paid day of leave on that day for the purposes of subsection (1.3). 2021, c. 9, s. 2 (2). Paid days first (1.7) Subject to subsections (1.8) and (1.9), an employee is entitled to take the three paid days of leave before any of the unpaid days of leave. 2021, c. 9, s. 2 (2). Same, election re unpaid days (1.8) If an employee is entitled to both paid leave and unpaid leave under this section, the employee may elect to take one or more days or parts of a day of leave as unpaid leave only if the employee advises the employer in writing, before the end of the pay period in which the leave occurs, that the employee has elected to take that time as unpaid leave. 2021, c. 9, s. 2 (2). Same (1.9) If, between April 19, 2021 and the day the
COVID-19 Putting Workers First Act, 2021 receives Royal Assent, an employee takes unpaid leave under subsection (1.1) in circumstances for which the employee would also be entitled to take a leave under subsection (1.2), the employee may elect to be paid for that leave only if the employee advises the employer in writing before the day that is 14 days after the COVID-19 Putting Workers First Act, 2021
receives Royal Assent, that the employee has elected to take the leave as paid leave, and the employee is deemed to have taken the leave under subsection (1.2). 2021, c. 9, s. 2 (2). Same (1.10) Despite subsection 11 (1), if an employee elects to take paid leave under subsection (1.9), the employer shall pay the employee the amount to which the employee is entitled no later than the pay day for the pay period in which the employee made the election. 2021, c. 9, s. 2 (2). Paid leave (1.11) Subject to subsections (1.12) and (1.13), if an employee takes paid leave under subsection (1.2), the employer shall pay the employee the lesser of $200 per day and, (a)  either, (i)  the wages the employee would have earned had they not taken the leave, or (ii)  if the employee receives performance-related wages, including commissions or a piece work rate, the greater of the employee’s hourly rate, if any, and the minimum wage that would have applied to the employee for the number of hours the employee would have worked had they not taken the leave; or (b)  if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 2021, c. 9, s. 2 (2). Paid leave where higher rate of wages (1.12) If a paid day of leave under subsection (1.2) falls on a day or at a time of day when overtime pay, a shift premium or both would be payable by the employer, (a)  the employee is not entitled to more than the employee’s regular rate for any leave taken under subsection (1.2); and (b)  the employee is not entitled to the shift premium for any leave taken under subsection (1.2). 2021, c. 9, s. 2 (2). Paid leave on public holiday (1.13) If a paid day of leave under subsection (1.2) falls on a public holiday, the employee is not entitled to premium pay for any leave taken under subsection (1.2). 2021, c. 9, s. 2 (2). Advising employer (2) An employee who takes leave under this section shall advise his or her employer that he or she will be doing so.  2006, c. 13, s. 3 (3). Same (3) If the employee begins the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.  2006, c. 13, s. 3 (3). Evidence of entitlement, declared emergency (4) An employer may require an employee who takes leave under clause (1.1) (a) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave. 2020, c. 3, s. 4 (2). Evidence of entitlement, infectious disease emergency (4.1) An employer may require an employee who takes leave under clause (1.1) (b) or subsection (1.2) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a qualified health practitioner as evidence. 2020, c. 3, s. 4 (2); 2021, c. 9, s. 2 (3). Limit, declared emergency (5) An employee is entitled to take a leave under clause (1.1) (a) for as long as he or she is not performing the duties of his or her position because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and a reason referred to in subclauses (1.1) (a) (i) to (iv), but, subject to subsection (6), the entitlement ends on the day the emergency is terminated or disallowed. 2020, c. 3, s. 4 (2). Limit, infectious disease emergency (5.1) An employee is entitled to take a leave under clause (1.1) (b) starting on the prescribed date and for as long as, (a)  he or she is not performing the duties of his or her position because of a reason referred to in subclauses (1.1) (b) (i) to (vii); and (b)  the infectious disease is designated by the regulations for the purposes of this section. 2020, c. 3, s. 4 (2). Same, paid leave (5.2) An employee’s entitlement to paid leave under subsection (1.2) is deemed to have started on April 19, 2021 and ends on September 25, 2021 or such later date as may be prescribed. 2021, c. 9, s. 2 (4). Same (5.3) If the regulations so provide, an employee is entitled to paid leave under subsection (1.2) for such additional periods as may be prescribed. 2021, c. 9, s. 2 (4). Limit (6) If an employee took leave because he or she was not performing the duties of his or her position because of an emergency that has been terminated or disallowed and because of an order made under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act and the order is extended under subsection 7.0.8 (4) of that Act, the employee’s entitlement to leave continues during the period of the extension if he or she is not performing the duties of his or her position because of the order.  2006, c. 13, s. 3 (3). Protecting a Sustainable Public Sector for Future Generations Act, 2019 (7) This section applies despite the Protecting a Sustainable Public Sector for Future Generations Act, 2019, and payments made in accordance with subsection (1.11) are not an increase to existing compensation entitlements or new compensation entitlements for the purposes of that Act. 2021, c. 9, s. 2 (5). Care, assistance, support — specified individuals (8) Subclauses (1.1) (a) (iii) and (1.1) (b) (v) apply with respect to the following individuals: 1.  The employee’s spouse. 2.  A parent, step-parent or foster parent of the employee or the employee’s spouse. 3.  A child, step-child or foster child of the employee or the employee’s spouse. 4.  A child who is under legal guardianship of the employee or the employee’s spouse. 5.  A brother, step-brother, sister or step-sister of the employee. 6.  A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse. 7.  A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee. 8.  A son-in-law or daughter-in-law of the employee or the employee’s spouse. 9.  An uncle or aunt of the employee or the employee’s spouse. 10.  A nephew or niece of the employee or the employee’s spouse. 11.  The spouse of the employee’s grandchild, uncle, aunt, nephew or niece. 12.  A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met. 13.  Any individual prescribed as a family member for the purposes of this section. 2020, c. 3, s. 4 (3); 2021, c. 4, Sched. 11, s. 9 (5). (9) Repealed: 2020, c. 3, s. 4 (4). Retroactive order (10) If an order made under section 7.0.2 of the
Emergency Management and Civil Protection Act is made retroactive pursuant to subsection 7.2 (1) of that Act, (a)  an employee who does not perform the duties of his or her position because of the declared emergency and the order is deemed to have been on leave beginning on the first day the employee did not perform the duties of his or her position on or after the date to which the order was made retroactive; and (b)  clauses 74 (1) (a) and 74.12 (1) (a) apply with necessary modifications in relation to the deemed leave described in clause (a).  2006, c. 13, s. 3 (3); 2020, c. 3, s. 4 (5). Section Amendments with date in force (d/m/y) 2006, c. 13, s. 3 (3) - 30/06/2006 2016, c. 23, s. 46
- 05/12/2016 2018, c. 14, Sched. 1, s. 20 - 01/01/2019 2020, c. 3, s. 4 (1-5)
- 19/03/2020 2021, c. 4, Sched. 11, s. 9 (5) - 19/04/2021; 2021, c. 9, s. 2 (1-5)
- 29/04/2021 Reimbursement of certain payments made under s. 50.1