SARS emergency leave
6 (1) During the period beginning March 26, 2003 and ending on a day specified by proclamation of the Lieutenant Governor under subsection 1 (2), an employee is entitled to a leave of absence without pay for any day or part of a day during which he or she falls into one or more of the following categories: 1. The employee is unable to work because he or she is under individual medical investigation, supervision or treatment related to SARS. 2. The employee is unable to work because he or she is acting in accordance with a SARS related order under section 22 or 35 of the
Health Protection and Promotion Act. 3. Subject to subsections (2) to (4), the employee is unable to work because he or she is in quarantine or isolation or is subject to a control measure in accordance with SARS related information or directions issued to the public, a part of the public or one or more individuals, by the Commissioner of Public Security, a public health official, a physician or a nurse or by 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 unable to work because of 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 SARS. 5. The employee is unable to work because he or she is needed to provide care or assistance to an individual referred to in subsection (5) because of a SARS related matter that concerns that individual. 2003, c. 1, s. 6 (1). Same, paragraph 3 (2) An employee who is on a leave under paragraph 3 of subsection (1) shall, within two days, contact a public health official or a physician to receive directions as to whether he or she should continue to be absent from work for SARS related reasons and arrange to receive a written confirmation of those directions. 2003, c. 1, s. 6 (2). Same (3) If an employee is already on a leave because of the circumstances set out in paragraph 3 of subsection (1) at the time that this Part comes into force, the two-day period referred to in subsection (2) begins on the day after the day on which this Part comes into force. 2003, c. 1, s. 6 (3). Same (4) The employee is not entitled to continue on leave under paragraph 3 of subsection (1) after the two-day period referred to in subsection (2) or (3), as the case may be, unless the employee has complied with subsection (2) and the continuation is in accordance with the directions given by the public health official or physician. 2003, c. 1, s. 6 (4). Same, paragraph 5 (5) Paragraph 5 of subsection (1) applies 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 grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse. 5. The spouse of a child of the employee. 6. The employee’s brother or sister. 7. A relative of the employee who is dependent on the employee for care or assistance. 2003, c. 1, s. 6 (5); 2005, c. 5, s. 63 (1-5); 2016, c. 23, s. 68. Same (6) The definitions of “parent” and “spouse” in section 45 of the Employment Standards Act, 2000
apply for the purposes of subsection (5). 2003, c. 1, s. 6 (6); 2005, c. 5, s. 63 (6). Advising employer (7) An employee who takes leave under this section shall advise his or her employer that he or she will be doing so. 2003, c. 1, s. 6 (7). Same (8) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2003, c. 1, s. 6 (8). Evidence (9) Subject to subsection (10), an employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. 2003, c. 1, s. 6 (9). Same (10) If the employer asks the employee to provide the written confirmation referred to in subsection (2), the employee need not provide it until his or her leave under this Part has ended. 2003, c. 1, s. 6 (10). Exclusions for lay-off purposes (11) Any week in which an employee is absent for one or more days because of a leave taken under this Part is deemed to be an excluded week for the purposes of sections 56 and 63 of the Employment Standards Act, 2000. 2003, c. 1, s. 6 (11). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 63 (1-6)
- 09/03/2005 2016, c. 23, s. 68 - 05/12/2016