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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to supply proof sensible in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not require employees to offer a certificate from a qualified health specialist (a medical note). A “certified health specialist” 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 supplied to the staff member.

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have actually dedicated an offence under the ESA. If founded guilty, a person might be based on a fine or a regard to jail time or both.

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

Definition of employee

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

– performs work for a company for wages

services to an employer for wages

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

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was broadened to include work carried out during a trial period. An employee now includes an individual who performs work throughout a trial period for a company, if the abilities being evaluated during the trial duration are abilities utilized by the company’s employees or might be utilized by workers if there are no other staff members. This implies the hours worked during the trial duration need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts employers from making deductions from wages when the employer had a money scarcity, lost property or had residential or employment commercial property taken and an individual aside from the worker had access to the cash or home.

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

Payment of wages – direct deposit

The ESA requires employers to pay earnings by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to remain in the employee’s name and no one other than the staff member can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an extra requirement will remain in location if the employer wishes to pay incomes by direct deposit: the account needs to be picked by the worker. This means the worker needs to decide which account to utilize and the company can not limit a worker’s section by, for instance, requiring the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their incomes are to be deposited. If a company previously restricted a worker’s account selection – for instance, by requiring them to utilize an account at a specific monetary institution – it is the company’s duty to confirm the staff member’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they desire their wages deposited to a different account and, when that occurs, the company must make the change.

Vacation pay arrangements

The ESA enables an employer to pay holiday pay to a worker on every pay cheque as it collects or at any agreed-upon time, but just with the arrangement of the staff member. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member needs to make a contract with the company in order for the company 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 verbal and need to be made in composing (consisting of electronically), 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 cheque, the employee should be paid the suggestions or other gratuities at the workplace or at some other location accepted electronically or in composing by the employee.

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

The requirement that the worker choose the account suggests the employee should decide which account to use, and the company can not restrict an employee’s selection by, for example, requiring the staff member to utilize an account at a specific financial organization.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their suggestions are to be transferred. If a company formerly restricted a staff member’s account selection – for instance, by needing them to utilize an account at a specific monetary institution – it is the company’s duty to confirm the employee’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also alert their company that they want their ideas deposited to a various account and, when that occurs, the company must make the change.

Tips sharing policy

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

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

The requirement to publish a policy does not need a company to establish a policy. It uses if a company has a written policy in place or if an employer has an established practice of sharing in an idea swimming pool that is consistently applied (even if it’s not documented). If the employer has an unwritten however established, employment consistently-applied practice in place, the employer must put the policy in writing and post a copy of the policy.

The ESA does not define the details that needs to appear in the policy, as long as the posted document is a true copy of the policy that remains in location and clearly 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 needed to keep a copy of every pointers sharing policy that is needed to be posted for 3 years after the policy stops being in effect.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter force that establish new requirements for companies associated with publicly marketed job posts.

Temporary aid agency and employment recruiter licensing

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

– Temporary help companies are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a temporary help firm unless the company holds a licence. (Learn more about the relationship in between short-term help firms and customers.).

– Employers, prospective employers and other employers are prohibited from purposefully 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 changed. The changes consist of:

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

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

– altering the application cost and security requirements for entities applying both for a short-lived aid firm and an employer licence.

The ministry’s licensing webpage has actually been updated to show these modifications. Please check out that website for information.