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

Effective October 28, 2024, employers can not require employees to provide a certificate from a competent health specialist (a medical note). A “certified health professional” is an individual who is certified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is thought to have devoted an offense under the ESA. If convicted, an individual might be subject to a fine or a term of jail time or both.

As of 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 employee

The Employment Standards Act (ESA) defines a staff member to consist of a person who:

– carries out work for an employer for wages

– supplies services to an employer for incomes

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

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was expanded to include work carried out throughout a trial period. A staff member now consists of a person who carries out work during a trial period for a company, if the skills being evaluated throughout the trial duration are skills utilized by the company’s staff members or might be utilized by staff members if there are no other employees. This suggests the hours worked during the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making deductions from incomes when the company had a cash scarcity, lost home or had property stolen and a person aside from the worker had access to the money or residential or commercial property.

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

Payment of wages – direct deposit

The ESA needs employers to pay incomes by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to remain in the employee’s name and nobody other than the worker can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the employer wishes to pay wages by direct deposit: the account should be chosen by the worker. This means the employee should decide which account to utilize and the employer can not restrict a staff member’s section 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 worker deserves to pick the account where their salaries are to be transferred. If an employer previously restricted an employee’s account choice – for employment instance, by requiring them to utilize an account at a particular banks – it is the company’s duty to confirm the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their earnings deposited to a various account and, employment when that occurs, the employer must make the change.

Vacation pay agreements

The ESA enables an employer to pay trip pay to an employee on every pay cheque as it collects or at any time, however just with the arrangement of the employee. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker should make an agreement 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 verifies that such agreements can not be spoken and must be made in composing (including digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the worker needs to be paid the pointers or other gratuities at the work environment or at some other place consented to electronically or in writing by the worker.

If payment is made by direct deposit, the account must be chosen by the worker and be in the staff member’s name. Nobody besides the staff member can have access to the account, unless the staff member has actually authorized it.

The requirement that the employee pick the account suggests the worker should decide which account to utilize, and the company can not limit a worker’s selection by, for example, needing the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their tips are to be transferred. If a company previously restricted a worker’s account choice – for instance, by needing them to utilize an account at a specific financial institution – it is the employer’s obligation to verify the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise inform their employer that they want their suggestions transferred to a various account and, when that happens, the company must make the change.

Tips sharing policy

The ESA allows employers, as well as directors and shareholders of a company, to share in pointers, if specified criteria are met.

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

The requirement to post a policy does not need an employer to develop a policy. It applies if a company has a written policy in place or if an employer has an established practice of sharing in an idea pool that is consistently applied (even if it’s not composed down). If the company has an unwritten however 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 info that must appear in the policy, as long as the published file is a real copy of the policy that remains in location and plainly specifies that the company or a director or investor of the employer shares in the pointer swimming pool.

Effective, June 21, 2024, employers will also be needed to keep a copy of every tips sharing policy that is required 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, employment amendments will enter force that develop brand-new requirements for employers connected to publicly advertised job postings.

Temporary assistance company and recruiter licensing

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

– Temporary assistance firms are required to hold a licence to operate.Clients are prohibited from knowingly engaging or using the services of a short-term aid firm unless the firm holds a licence. (Discover more about the relationship in between short-lived assistance firms and customers.).

– Employers, potential employers and other recruiters are prohibited from purposefully engaging or using the services 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 rule that will use.

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

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

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

– changing the application fee and security requirements for entities applying both for a short-term aid company and an employer licence.

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