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

Effective October 28, 2024, employers can not need staff members to offer a certificate from a qualified health specialist (a medical note). A “competent health specialist” is a person who is qualified to practice 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 might be commenced under Part III of the Provincial Offences Act where an individual is believed to have committed an offence under the ESA. If convicted, a person could be subject to a fine or a term of imprisonment or both.

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

Definition of employee

The Employment Standards Act (ESA) defines a staff member to include an individual who:

– carries out work for a company for salaries

– products services to a company for wages

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of “training” was broadened to consist of work performed throughout a trial period. A worker now consists of a person who performs work during a trial duration for an employer, if the skills being evaluated throughout the trial period are abilities used by the employer’s employees or might be utilized by workers if there are no other staff members. This indicates the hours worked throughout the trial duration need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA forbids employers from making reductions from salaries when the company had a cash scarcity, lost home or had property taken and a person besides the worker had access to the cash or home.

On March 21, 2024, the ESA was modified to validate that this consists of deductions from earnings in “dine and rush”, “gas and dash” and other similar scenarios.

Payment of wages – direct deposit

The ESA needs companies to pay earnings 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 no one besides the worker can have access to the account, unless the employee has licensed it.

Effective June 21, employment 2024, an additional requirement will remain in place if the company wants to pay incomes by direct deposit: the account must be selected by the staff member. This suggests the employee needs to decide which account to utilize and the company can not restrict a worker’s area by, for instance, requiring the employee to utilize an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their wages are to be deposited. If a company previously restricted a staff member’s account choice – for example, by needing them to utilize an account at a particular financial institution – it is the employer’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 desire their wages deposited to a different account and, when that occurs, the company needs to make the modification.

Vacation pay arrangements

The ESA enables an employer to pay getaway pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however just with the arrangement of the worker. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee 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 verifies that such contracts can not be spoken and need to be made in writing (including electronically), constant with how the ministry implements 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:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker should be paid the suggestions or employment other gratuities at the workplace or at some other place agreed to electronically or in writing by the worker.

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

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

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 staff member’s account selection – for instance, by requiring them to utilize an account at a specific financial organization – it is the employer’s obligation to validate the employee’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they desire their suggestions transferred to a different account and, when that happens, the company must make the change.

Tips sharing policy

The ESA permits companies, as well as directors and of an employer, to share in pointers, if specified requirements are satisfied.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the employer, sharing in a pointer pool, the company will be required to post a copy of that policy in a clearly noticeable place in the workplace where it is most likely to come to the attention of employees.

The requirement to post a policy does not require an employer to establish a policy. It uses if a company has a written policy in location or if an employer has a recognized practice of sharing in an idea pool that is consistently applied (even if it’s not composed down). If the employer has an unwritten however recognized, consistently-applied practice in place, the company needs to put the policy in composing and publish a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted document is a real copy of the policy that is in place and plainly states that the employer or a director or investor of the employer shares in the pointer swimming pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every suggestions 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 proclamation of the Lieutenant Governor, amendments will enter force that develop new requirements for employers connected to publicly marketed job postings.

Temporary aid firm and recruiter licensing

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

– Temporary assistance agencies are required to hold a licence to operate.Clients are forbidden from knowingly engaging or utilizing the services of a short-term help company unless the company holds a licence. (Find out more about the relationship between momentary help agencies and clients.).

– Employers, prospective companies and other employers are prohibited 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 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 appropriate type of security for all applicants,.

– exempting particular employers from the security requirement under defined conditions,.

– altering the application fee and security requirements for entities using both for a short-term assistance company and an employer licence.

The ministry’s licensing web page has actually been upgraded to show these changes. Please visit that web page for details.