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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to provide evidence affordable in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not require employees to offer a certificate from a certified health specialist (a medical note). A “competent health practitioner” is a person who is certified to practice as a physician, 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 might be begun under Part III of the Provincial Offences Act where an individual is thought to have dedicated an offence under the ESA. If founded guilty, an individual could be based on a fine or a regard to jail time or both.

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

Definition of staff member

The Employment Standards Act (ESA) specifies an employee to consist of an individual who:

– carries out work for an employer for incomes

– products services to a company for earnings

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was broadened to consist of work carried out throughout a trial period. A worker now includes a person who carries out work during a trial period for a company, if the skills being assessed throughout the trial period are skills utilized by the employer’s staff members or could be used by workers if there are no other workers. This indicates the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA restricts employers from making reductions from salaries when the employer had a cash lack, lost residential or commercial property or had residential or commercial property taken and a person other than the worker had access to the money or residential or commercial property.

On March 21, 2024, the ESA was modified to verify that this includes reductions from salaries in “dine and dash”, “gas and dash” and other comparable circumstances.

Payment of salaries – direct deposit

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

Effective June 21, 2024, an extra requirement will remain in place if the company desires to pay earnings by direct deposit: the account must be selected by the staff member. This indicates the worker must choose which account to utilize and the employer can not limit a worker’s area by, for example, employment needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can choose the account where their wages are to be deposited. If an employer formerly limited an employee’s account selection – for instance, by requiring them to use an account at a particular banks – it is the company’s responsibility to verify the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they desire their incomes deposited to a different account and, when that happens, the company should make the modification.

Vacation pay agreements

The ESA permits an employer to pay vacation pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the contract of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make an arrangement 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 validates that such arrangements can not be spoken and need to be made in writing (consisting of electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

Beginning June 21, 2024, employers will be required to pay pointers or other gratuities by either:

– money

– cheque

– direct deposit

If payment is by cash or cheque, the staff member must be paid the tips or other gratuities at the work environment or at some other location agreed to electronically or in composing by the staff member.

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

The requirement that the employee pick the account indicates the worker must decide which account to utilize, and the company can not restrict an employee’s choice by, for instance, needing the worker to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their suggestions are to be transferred. If a company previously limited a worker’s account choice – for instance, by needing them to use an account at a specific financial institution – it is the employer’s duty to validate the employee’s selection of their desired account before they make the next payment after June 20, 2024. An employee can also inform their company that they want their pointers deposited to a various account and, when that takes place, the employer needs to make the modification.

Tips sharing policy

The ESA permits companies, in addition to directors and shareholders of a company, to share in suggestions, if defined criteria are fulfilled.

Effective June 21, employment 2024, where a company has a policy about the company, director or investor of the company, sharing in a suggestion swimming pool, the employer will be needed to publish a copy of that policy in a clearly noticeable location in the workplace where it is likely to come to the attention of employees.

The requirement to post a policy does not require an employer to establish a policy. It applies if an employer has a written policy in place or if a company has an established practice of sharing in a pointer swimming pool that is regularly used (even if it’s not documented). If the company has an unwritten but recognized, consistently-applied practice in place, the company needs to put the policy in writing and publish a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the published document is a real copy of the policy that remains in place and plainly mentions that the employer or a director or shareholder of the employer shares in the tip pool.

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

Job publishing requirements

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

Temporary assistance company and employer licensing

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

– Temporary assistance firms are needed to hold a licence to operate.Clients are restricted from intentionally engaging or using the services of a short-lived aid company unless the agency holds a licence. (Discover more about the relationship between temporary aid agencies and clients.).

– Employers, prospective companies and other employers are restricted from knowingly engaging or utilizing the 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 use.

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

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

– exempting certain employers from the security requirement under specified conditions,.

– changing the application cost and security requirements for entities applying both for a short-term aid firm and a recruiter licence.

The ministry’s licensing website has actually been updated to show these changes. Please visit that web page for employment details.