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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to supply evidence reasonable in the circumstances that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not need staff members to supply a certificate from a competent health practitioner (a medical note). A “qualified health professional” is an individual who is qualified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.

ESA optimum fines

A prosecution might be started under Part III of the Provincial Offences Act where a person is thought to have actually dedicated an offence under the ESA. If convicted, a person could be based on a fine or a term of jail time or both.

As of October 28, 2024, the optimum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of worker

The Employment Standards Act (ESA) defines a worker to consist of a person who:

– performs work for a company for earnings

– supplies services to an employer for salaries

– receives training from a company, if the skill they’re being trained on is a skill utilized by the company’s workers

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was expanded to consist of work performed during a trial duration. A staff member now consists of an individual who performs work throughout a trial duration for an employer, if the skills being examined during the trial period are skills utilized by the employer’s staff members or could be used by employees if there are no other workers. This means the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA forbids employers from making deductions from incomes when the employer had a money lack, lost property or had actually property taken and a person aside from the employee had access to the money or residential or commercial property.

On March 21, 2024, the ESA was changed to verify that this includes deductions from wages in “dine and dash”, “gas and dash” and other similar situations.

Payment of earnings – direct deposit

The ESA needs companies to pay salaries by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the worker’s name and no one besides the worker can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay earnings by direct deposit: the account must be selected by the worker. This implies the worker should choose which account to use and the company can not restrict a staff member’s area by, for instance, requiring the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their incomes are to be transferred. If a company formerly restricted an employee’s account selection – for example, by needing them to use an account at a specific financial institution – it is the company’s duty to verify the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their employer that they want their incomes transferred to a different account and, when that happens, the employer must make the change.

Vacation pay agreements

The ESA permits an employer to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the staff member. Find out more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make a contract with the employer in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be verbal and should be made in writing (including electronically), consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

Beginning June 21, 2024, companies will be needed to pay ideas or other gratuities by either:

– money

– cheque

– direct deposit

If payment is by cash or cheque, the staff member needs to be paid the pointers or other gratuities at the office or at some other location consented to electronically or in composing by the employee.

If payment is made by direct deposit, the account needs to be chosen by the staff member and be in the employee’s name. Nobody other than the employee can have access to the account, unless the worker has licensed it.

The requirement that the staff member pick the account implies the worker needs to choose which account to use, and the company can not restrict a worker’s choice by, for instance, requiring the staff member to utilize an account at a particular banks.

For that are to be made after June 20, 2024, a staff member has the right to select the account where their suggestions are to be deposited. If an employer formerly limited a worker’s account selection – for instance, by needing them to use an account at a specific monetary organization – it is the company’s duty to validate the staff member’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they desire their ideas deposited to a various account and, when that takes place, the company should make the modification.

Tips sharing policy

The ESA enables companies, as well as directors and shareholders of a company, to share in tips, if specified requirements are satisfied.

Effective June 21, 2024, where an employer has a policy about the employer, director employment or shareholder of the employer, sharing in a tip pool, the employer will be needed to post a copy of that policy in a plainly visible location in the work environment where it is most likely to come to the attention of workers.

The requirement to post a policy does not require an employer to develop a policy. It uses if a company has a written policy in place or if an employer has a recognized practice of sharing in a suggestion swimming pool that is regularly used (even if it’s not made a note of). If the company has an unwritten but established, consistently-applied practice in location, the company must put the policy in writing and post a copy of the policy.

The ESA does not specify the details that should appear in the policy, as long as the published document is a real copy of the policy that remains in place and clearly specifies that the company or a director or shareholder of the employer shares in the tip pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every tips sharing policy that is needed to be published for 3 years after the policy stops being in impact.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will enter into force that establish new requirements for employers associated with openly advertised job posts.

Temporary assistance firm and recruiter licensing

Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):

– Temporary aid companies are required to hold a licence to operate.Clients are restricted from knowingly engaging or using the services of a short-term help firm unless the firm holds a licence. (Discover more about the relationship in between momentary help agencies and clients.).

– Employers, potential companies and other employers are prohibited from knowingly engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a decision is pending, there is a transitional rule that will use.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was changed. The changes consist of:

– Adding a surety bond as a brand-new appropriate kind of security for all candidates,.

– exempting certain recruiters from the security requirement under defined conditions,.

– changing the application fee and security requirements for entities using both for employment a momentary assistance agency and employment a recruiter licence.

The ministry’s licensing web page has been updated to show these changes. Please visit that webpage for information.