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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 need staff members to offer a certificate from a competent health professional (a medical note). A “certified health professional” is an individual who is certified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA maximum fines

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

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

Definition of employee

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

– performs work for an employer for wages

– supplies services to a company for earnings

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was broadened to consist of work carried out during a trial period. An employee now includes a person who performs work throughout a trial period for a company, if the skills being evaluated throughout the trial period are skills utilized by the employer’s employees or could be utilized by workers if there are no other workers. 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 reductions from incomes when the employer had a money scarcity, lost home or had property stolen and an individual other than the employee had access to the cash or residential or commercial property.

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

Payment of incomes – direct deposit

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

Effective June 21, 2024, referall.us an additional requirement will be in place if the company desires to pay incomes by direct deposit: the account should be selected by the employee. This indicates the worker must choose which account to use and the employer can not restrict an employee’s area by, for example, requiring the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their wages are to be transferred. If an employer formerly limited a worker’s account selection – for instance, by needing them to use an account at a particular banks – it is the company’s responsibility to validate the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also inform their company that they desire their earnings deposited to a different account and, when that occurs, the employer should make the change.

Vacation pay contracts

The ESA enables a company to pay getaway pay to a worker on every pay cheque as it collects or at any agreed-upon time, however only with the contract of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member must make an arrangement with the company in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and need to be made in writing (consisting of digitally), constant with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the worker must be paid the ideas or other gratuities at the office or at some other location accepted electronically or in composing by the worker.

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

The requirement that the worker select the account suggests the employee should choose which account to use, and the employer can not restrict a worker’s choice by, for instance, needing the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member deserves to choose the account where their tips are to be transferred. If a company formerly limited a staff member’s account selection – for example, by requiring them to use an account at a specific banks – it is the company’s duty to verify the employee’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their tips transferred to a various account and, when that happens, the employer needs to make the change.

Tips sharing policy

The ESA enables companies, along with directors and shareholders of an employer, to share in pointers, if specified requirements are met.

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

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 a recognized practice of sharing in a tip swimming pool that is consistently used (even if it’s not composed down). If the has an unwritten but established, consistently-applied practice in location, the employer needs to put the policy in writing and publish a copy of the policy.

The ESA does not specify the information that must appear in the policy, as long as the published file is a real copy of the policy that remains in location and clearly mentions that the employer or a director or shareholder of the employer shares in the suggestion swimming pool.

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

Job posting requirements

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

Temporary help firm and recruiter licensing

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

– Temporary assistance companies are required to hold a licence to operate.Clients are forbidden from intentionally engaging or using the services of a temporary assistance firm unless the company holds a licence. (Find out more about the relationship between temporary help companies and clients.).

– Employers, prospective employers and other employers are restricted from intentionally engaging or using 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 rule that will apply.

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

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

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

– altering the application charge and security requirements for entities applying both for a momentary help firm and a recruiter licence.

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