中英对照：减少新冠病毒感染机会，雇员、雇主应充分利用这两种政府补贴

 

 

4月底之前，安省所有雇员只要给雇主工作两周以上，一年之内就可以因生病，受伤或突然住院而享受3天的无薪病假。

 

Prior to the end of April, 2021 employees in Ontario are entitled to three unpaid days of sick leave per calendar year due to a personal illness, injury or medical emergency once they have worked for an employer for at least two consecutive weeks.

 

现在，新冠疫情导致《就业标准法》（ESA）修改。新规定可以让雇员享受另外3天的“带薪”假期。安省政府于2021年4月29日通过了这个被称为284号的法案（全称为：2021新冠疫情期间工人保护法）。这一额外假期也被称为“工人收入保障补贴”（WIPB）。

 

Now, another three days of “paid” leave for reasons related to COVID-19 are added to the previous provisions above under the Employment Standards Act (ESA). Bill 284 (COVID -19 Putting Workers First Act 2021) was introduced by the Ontario Government and passed on April 29, 2021. This leave is being referred to as the Worker Income Protection Benefit (the WIPB). It is being provided via an amendment to the ESA.

 

WIPB的目的是鼓励雇员们在怀疑自己被新冠病毒感染或有感染症状时去体检，并在等待体检结果时自我隔离，并尽快打疫苗。

 

The purpose of the WIPB is to motivate employees to get tested for COVID-19 upon suspected exposure or symptom onset, self-isolate while waiting for their test results, and get vaccinated as soon as possible.

 

要得到WIPB，雇员们必须接受新冠病毒的体检，监督或治疗，或者遵守与新冠感染有关的规定，包括打疫苗、打疫苗后所产生的副作用、做新冠体检、等待体检结果而不用上班。

 

To qualify for WIPB, the employee has to be under medical investigation, supervision or treatment for COVID-19 or acting in accordance with an order in relation to COVID-19 – this would include an employee who is receiving a COVID-19 vaccine and/or recovering from any associated side effects or going for COVID-19 testing and/or waiting for test results.

 

如果安大略省远程医疗，安大略省或加拿大政府，市议会或卫生委员下令，被隔离、自我隔离，或其他防止疫情传染的手段而无法工作的雇员也可以享受WIPB。

 

The employee may also be in quarantine, isolation, self-isolation or subject to another control measure as a result of information or direction related to COVID-19, issued to the public or to an individual, by a public health official, a qualified health practitioner, Telehealth Ontario, the Ontario or Canadian Government, a municipal council or a board of health.

 

如果雇主担心一个雇员可能会将新冠病毒在工作场所传给他人，雇主可以要求该雇员下岗。如果雇员因要照料感染新冠的家庭成员或另一名感染新冠的同事，这样的雇员也可享受WIPB。该法对“家庭成员”进行了明确的定义。

 

The employee is also eligible when directed by the employer to leave the work place in response to a concern that the employee may expose other individuals in the workplace to COVID-19. The employee can also be providing care or support to a family member (another employee) who is qualified under the above prescribed conditions. “Family member” is defined under the Act and covers an entire spectrum of relatives to the eligible employee.

 

修改后的法律规定，一个雇员每天最多可享受200元的补贴，最多可休三天。如果雇员已经根据ESA拿了补贴，超过每天200元的补贴将被扣掉。如果雇员的工资在休假前不超过每天200元，补贴也会按比例调整。修改后的法律中有专门介绍如何计算补贴的介绍。

 

The qualified employee can receive up to $200 a day for a maximum of three days of leave for any of the reasons discussed above. The $200 per day will be reduced if the employee is already entitled to paid leave under the ESA and it exceeds the employee's entitlement under Bill 284. If the wages that the employee would have received if they had not taken a leave is less than $200, an adjustment will be made. There is a special formula in the Bill which explains how this would be calculated if the employee receives commission, is paid for piece work or receives other performance-related wages.

 

WIPB目前只适用于2021年4月19日至2021年9月25日。换句话说，如果雇员在2021年4月19日至2021年4月29日之间因以上情形休假（法律批准的时段），他们可以追溯WIPB。

 

The WIPB would apply to leaves taken between April 19, 2021 and September 25, 2021 – in other words, if an employee took a leave between April 19 and April 29, 2021 (when the Bill was receiving Royal Assent), they can retroactively elect to be paid for that leave if they otherwise would have been eligible for the WIPB.

 

雇主可能有资格向工作场所安全和保险委员会（WSIB）申请最高每人每天$ 200的补贴。雇主必须在付款后的120天内提交申请。 ESA中有如何申请的明确条文。

 

Employers may be eligible to apply for a reimbursement of up to $200 per employee per day from the Ontario government. The reimbursement will be administered through the Workplace Safety and Insurance Board (WSIB). To apply for the reimbursement from the WSIB, the employer must file an application for reimbursement within 120 days of making the payment in respect of which the application is made. Details on what must be included in the application to the WSIB are contained in the ESA.

 

卑诗省，阿尔伯特省和萨斯喀彻温省比安省更早执行与新冠疫苗注射方面的补贴。但是，安大略省却是第一个执行除了疫苗注射补贴，还执行包括其他原因雇员休假的补贴，包括因怀疑接触或症状发作而接受新冠体检的员工，等待体检结果时隔离和打疫苗引起的副作用而不能上班的补贴。

 

British Columbia, Albert, and Saskatchewan are ahead of Ontario when it comes to providing paid leaves to employees related to COVID-19 vaccination. However, Ontario is the first province to include broader directives providing for paid leave beyond the act of vaccination, to employees who are getting tested for COVID-19 upon suspected exposure or symptom onset; isolating while waiting for their test results, or having vaccine-related side effects.

 

加拿大税务局（CRA）有另一个类似补贴的计划，即加拿大病休补助金（CRSB）。该项目为因疾病、或者因为自身的健康问题而让他们更容易感染新冠病毒、或因新冠疫情而需要自我隔离而无法工作的就业和自雇人士提供补贴。有资格的雇员可以一周获得500元（扣税后为能拿到450元）。如果一周后情况没有改善，申请人可以再次申请。但每次申请最长不超过4周。

 

There is another similar program administered by the Canadian Revenue Agency (CRA). The Canada Recovery Sickness Benefit (CRSB) gives income support to employed and self-employed individuals who are unable to work because they are sick or need to self-isolate due to COVID-19, or have an underlying health condition that puts them at greater risk of getting COVID-19. Applicants will receive $500 ($450 after taxes withheld) for a 1-week period. If the situation continues past 1 week, the applicant will need to apply again. Separate applications for up to a total of 4 weeks are allowed.

 

政府预计人们不会因同样情况同时申请WSIP和CRSB补贴，但目前尚不清楚如何防止有人钻这一空子。申请人应该做点功课，确定申请那个补贴可以让自己拿到更多的钱。

 

While it is expected that people cannot double-drip and receive benefits from similar financial aid programs administered by different levels of governments during the same eligible period(s), it is not immediately clear as to how this will work between WSIP and CRSB. It would be best for the applicants to investigate each program and decide on which one to apply in order to receive the maximum benefits available.