What's New in Pension and Benefits – June 2021

  • June 13, 2021
  • Michael Long and Simon Laxon, Willis Towers Watson

This edition contains further updates concerning Ontario's COVID statutory leave, new policy guidance and updates from FSRA, OSFI, and CAPSA and finally a recent CCAA order regarding the Laurentian Unversity's pension plan.

  1. LEGISLATION

ONTARIO INTRODUCES TEMPORARY PAID COVID-19 LEAVE

The Ontario government amended, retroactive to April 19, 2021 to until September 25, 2021, the infectious disease emergency leave (IDEL) provisions of the Employment Standards Act, 2000 (ESA) to allow employees to take three paid days for reasons relating to COVID-19 (including for vaccinations), provided they are not otherwise entitled to an equal or greater paid leave under an employment contract. The Paid IDEL is in addition to the entitlement to unpaid infectious disease leave currently provided for under the ESA.

An employer can apply to the Workplace Safety and Insurance Board (WSIB) to be reimbursed for the payments it makes to an employee for Paid IDEL.

Further explanation is set out in a government communication.

ONTARIO EXTENDS INFECTIOUS DECLARED EMERGENCY LEAVE

Ontario has again extended, this time to September 25, 2021, the infectious disease emergency leave (IDEL) provision that is prescribed under subclause 50.1(1.1)(b) of the Ontario Employment Standards Act. This is the deemed leave set out under the Infectious Disease Emergency Leave Regulation that deems an employee on leave if their employer temporarily reduces or eliminates their work hours because of COVID-19.