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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to supply proof sensible in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not require employees to provide a certificate from a certified health professional (a medical note). A “certified health practitioner” is an individual who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is believed to have actually devoted an offense under the ESA. If convicted, an individual might be based on a fine or a regard to imprisonment or both.

Since October 28, 2024, the maximum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of worker

The Employment Standards Act (ESA) defines a staff member to include an individual who:

– performs work for an employer for wages

services to an employer for salaries

– gets training from a company, if the skill they’re being trained on is an ability used by the company’s employees

– is a homeworker

– was a worker

On March 21, 2024, the significance of “training” was expanded to include work carried out during a trial duration. An employee now includes a person who carries out work during a trial duration for a company, if the abilities being assessed during the trial period are abilities utilized by the employer’s workers or could be used by employees if there are no other employees. This means the hours worked throughout the trial period should be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA prohibits companies from making reductions from earnings when the company had a money scarcity, lost residential or commercial property or had home taken and an individual besides the worker had access to the money or residential or commercial property.

On March 21, 2024, the ESA was changed to verify that this consists of deductions from earnings in “dine and dash”, “gas and dash” and other comparable situations.

Payment of salaries – direct deposit

The ESA requires employers to pay wages by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to be in the employee’s name and nobody besides the worker can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an extra requirement will remain in place if the employer wishes to pay salaries by direct deposit: the account must be chosen by the staff member. This indicates the staff member must choose which account to use and employment the company can not limit a worker’s area by, for instance, needing the employee to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their salaries are to be transferred. If a company previously restricted an employee’s account selection – for instance, by needing them to use an account at a particular banks – it is the employer’s obligation to confirm the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their earnings deposited to a different account and, when that occurs, employment the employer should make the change.

Vacation pay agreements

The ESA enables a company to pay vacation pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but only with the agreement of the employee. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee should make a contract with the company in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be spoken and need to be made in composing (consisting of electronically), constant with how the ministry implements the ESA.

Tips or employment other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, employment the staff member must be paid the suggestions or other gratuities at the office or at some other place accepted electronically or in writing by the worker.

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

The requirement that the worker pick the account suggests the employee should decide which account to use, and the employer can not restrict a staff member’s selection by, for example, requiring the worker to use an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee deserves to pick the account where their tips are to be deposited. If a company formerly limited a worker’s account selection – for example, by requiring them to use an account at a particular banks – it is the employer’s obligation to verify the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can also inform their company that they desire their suggestions transferred to a various account and, when that occurs, the company must make the modification.

Tips sharing policy

The ESA enables companies, along with directors and investors of a company, to share in suggestions, if specified requirements are satisfied.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in a pointer pool, the company will be needed to publish a copy of that policy in a clearly visible place in the workplace where it is most likely to come to the attention of workers.

The requirement to publish a policy does not need an employer to develop a policy. It applies if an employer has a written policy in place or if a company has a recognized practice of sharing in a pointer swimming pool that is regularly applied (even if it’s not made a note of). If the company has an unwritten however recognized, consistently-applied practice in location, the company needs to put the policy in writing and publish a copy of the policy.

The ESA does not define the information that must appear in the policy, as long as the posted file is a true copy of the policy that remains in place and plainly states that the employer or a director or investor of the employer shares in the suggestion swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every suggestions 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, changes will enter into force that establish new requirements for employers associated with openly marketed job posts.

Temporary assistance firm and recruiter licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a short-lived assistance firm unless the firm holds a licence. (Learn more about the relationship between short-lived assistance companies and customers.).

– Employers, prospective employers and other employers are prohibited from purposefully engaging or utilizing the services of any recruiter that does not hold a licence.

Where applications are made before July 1, 2024 and a choice is pending, there is a transitional guideline that will apply.

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

– Adding a surety bond as a new acceptable type of security for all applicants,.

– excusing certain employers from the security requirement under defined conditions,.

– changing the application charge and security requirements for employment entities using both for a temporary aid agency and a recruiter licence.

The ministry’s licensing webpage has actually been upgraded to show these modifications. Please check out that web page for details.