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Declared Emergency Leave

Employees have the right under the Employment Standards Act, 2000 (ESA) to Declared Emergency Leave (DEL), which is unpaid, job-protected leave of absence.


Effective March 17, 2020, an employee has the right to DEL if the employee will not be performing the duties of their position because of the declared emergency and one or more of the following:

  •  an emergency order that applies to the employee made under s. Emergency Management and Civil Protection Act (EMCPA)
  • an order that applies to the employee made under the Health Protection and Promotion Act (HPPA)
  •  the employee is needed to provide care or assistance to specified individuals 


For more information on qualifying for DEL, please visit Ontario.ca, check-out this CUPE Job-Protected Leave factsheet or contact your steward/unit executive.

Layoff Questions

If I am laid off/placed on declared emergency leave due to COVID, am I still a member of CUPE 905?

Yes. All members on temporary layoffs or declared emergency remain members of CUPE 905 with full access to union representation and participation. This is a job protected leave similar to when a member goes on a parental leave of absence - you are still an employee and a union member.   

If a Unit Chair, Vice Chair or Steward is out of work due to COVID, they retain their position and are still recognized as your union representatives.

The fact that many of our workplaces are physically closed, creates new challenges to union representation and access for our members. It is especially important now more than ever to connect with your elected union representatives - visit the Contact page for a direct link to contact your Unit Chair. 


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Last updated: August 24, 2021

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