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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to offer evidence sensible in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not require employees to offer a certificate from a qualified health professional (a medical note). A “certified health professional” is a person who is certified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is thought to have actually devoted an offense under the ESA. If founded guilty, an individual could be based on a fine or a term of jail time or both.

Since October 28, 2024, the maximum fine for employment individuals founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of staff member

The Employment Standards Act (ESA) defines an employee to include an individual who:

– carries out work for a company for earnings

– supplies services to a company for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was broadened to include work carried out during a trial duration. A worker now consists of an individual who carries out work throughout a trial duration for an employer, if the skills being examined during the trial duration are skills utilized by the company’s staff members or could be used by workers if there are no other employees. This implies the hours worked throughout the trial duration need to be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA restricts employers from making deductions from incomes when the employer had a cash lack, lost home or had residential or commercial property taken and an individual aside from the staff member had access to the cash or home.

On March 21, 2024, the ESA was modified to verify that this includes deductions from wages in “dine and rush”, “gas and dash” and other comparable scenarios.

Payment of salaries – direct deposit

The ESA requires employers to pay incomes by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to be in the worker’s name and nobody other than the staff member can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an additional requirement will be in place if the company desires to pay wages by direct deposit: the account must be selected by the worker. This indicates the employee must decide which account to utilize and the company can not restrict a worker’s area by, employment for instance, employment needing the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can pick the account where their wages are to be transferred. If a company formerly restricted an employee’s account choice – for example, by requiring them to utilize an account at a particular banks – it is the employer’s duty to verify the worker’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can also alert their employer that they want their salaries transferred to a different account and, when that happens, the company needs to make the change.

Vacation pay contracts

The ESA permits an employer to pay vacation pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but just with the agreement of the employee. Discover more about when to pay holiday pay.

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

Tips or other gratuities – methods of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the staff member needs to be paid the tips or other gratuities at the workplace or at some other place consented to digitally or in writing by the employee.

If payment is made by direct deposit, the account must be picked by the employee and remain in the staff member’s name. Nobody aside from the staff member can have access to the account, unless the employee has actually authorized it.

The requirement that the staff member choose the account suggests the worker must decide which account to utilize, and the employer can not limit a worker’s choice by, for example, needing the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, employment an employee has the right to choose the account where their pointers are to be deposited. If an employer formerly limited a staff member’s account selection – for instance, by requiring them to use an account at a specific monetary institution – it is the company’s obligation to confirm the employee’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise inform their company that they want their pointers transferred to a various account and, when that occurs, the company needs to make the modification.

Tips sharing policy

The ESA enables companies, along with directors and investors of a company, to share in tips, employment if defined criteria are satisfied.

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

The requirement to post a policy does not need 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 tip swimming pool that is regularly used (even if it’s not documented). If the employer has an unwritten but recognized, consistently-applied practice in location, the company must put the policy in composing and post a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the posted document is a real copy of the policy that remains in location and clearly specifies that the company or a director or shareholder of the company shares in the pointer swimming pool.

Effective, June 21, 2024, companies will also be required to keep a copy of every ideas sharing policy that is required to be published for three years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter force that develop brand-new requirements for employers related to openly marketed task postings.

Temporary assistance agency and employer licensing

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

– Temporary help are required to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a momentary assistance agency unless the company holds a licence. (Learn more about the relationship between temporary assistance firms and customers.).

– 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 guideline that will use.

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

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

– exempting particular recruiters from the security requirement under specified conditions,.

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

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