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Under the Employment Standards Act, 2000 (ESA), companies 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, companies can not require staff members to provide a certificate from a competent health professional (a medical note). A “competent health specialist” 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 offered to the staff member.

ESA maximum fines

A prosecution may 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 founded guilty, an individual could be based on a fine or employment a regard to imprisonment or both.

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

Definition of worker

The Employment Standards Act (ESA) specifies a worker to include an individual who:

– carries out work for a company for incomes

– materials services to a company for earnings

– receives training from an employer, if the skill 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 performed throughout a trial period. A worker now consists of an individual who carries out work during a trial period for an employer, if the abilities being assessed during the trial period are abilities utilized by the employer’s employees or might be utilized by workers if there are no other staff members. This means the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA forbids companies from making deductions from salaries when the employer had a money lack, lost residential or commercial property or had home taken and an individual besides the staff member had access to the money or property.

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

Payment of incomes – direct deposit

The ESA needs employers to pay salaries by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the name and no one other than the employee can have access to the account, employment unless the staff member has actually authorized it.

Effective June 21, employment 2024, an additional requirement will remain in place if the company wants to pay earnings by direct deposit: the account should be picked by the employee. This implies the worker needs to decide which account to use and the employer can not limit an employee’s area by, for instance, requiring the employee to utilize an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a worker can choose the account where their incomes are to be transferred. If an employer formerly restricted a worker’s account selection – for instance, by needing them to utilize an account at a specific financial organization – it is the employer’s responsibility to validate the employee’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they want their earnings deposited to a various account and, when that occurs, the employer needs to make the change.

Vacation pay contracts

The ESA allows a company to pay holiday pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however just with the agreement of the worker. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker should make an arrangement with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and need to be made in composing (including digitally), constant with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by cash or employment cheque, the worker must be paid the suggestions or other gratuities at the work environment or at some other place accepted electronically or in composing by the worker.

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

The requirement that the employee pick the account means the worker must decide which account to utilize, and the company can not limit a staff member’s choice by, for instance, requiring the staff member to use an account at a particular banks.

For employment payments that are to be made after June 20, 2024, a worker deserves to select the account where their ideas are to be transferred. If a company formerly limited a staff member’s account selection – for instance, by needing them to utilize an account at a specific banks – it is the company’s responsibility to verify the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they want their pointers deposited to a different account and, when that takes place, the employer needs to make the change.

Tips sharing policy

The ESA allows companies, along with directors and shareholders of a company, to share in ideas, if defined requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the company, sharing in a suggestion pool, the employer will be needed to publish a copy of that policy in a plainly noticeable place in the work environment where it is most likely to come to the attention of workers.

The requirement to publish a policy does not require an employer to establish a policy. It applies if an employer has a written policy in location 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 but recognized, consistently-applied practice in place, the company should put the policy in composing and publish a copy of the policy.

The ESA does not define the information that needs to appear in the policy, as long as the published file is a true copy of the policy that is in location and clearly mentions that the employer or a director or shareholder of the company shares in the suggestion pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that develop new requirements for employers connected to openly advertised task postings.

Temporary aid company and employer licensing

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

– Temporary help agencies are required to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a momentary assistance company unless the agency holds a licence. (Find out more about the relationship between temporary assistance companies and customers.).

– Employers, potential companies and other recruiters are prohibited from intentionally engaging or utilizing the services of any employer 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 kind of security for all applicants,.

– excusing particular employers from the security requirement under specified conditions,.

– changing the application cost and security requirements for entities using both for a momentary aid agency and a recruiter licence.

The ministry’s licensing web page has been updated to show these modifications. Please go to that webpage for details.