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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply evidence reasonable in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not need staff members to supply a certificate from a qualified health professional (a medical note). A “competent health specialist” is an individual who is certified to practise 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 may be begun under Part III of the Provincial Offences Act where a person is thought to have committed an offense under the ESA. If convicted, a person could be subject to a fine or a regard to jail time or both.

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

Definition of worker

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

– performs work for an employer for wages

– materials services to an employer for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was broadened to consist of work performed during a trial duration. An employee now consists of a person who carries out work during a trial period for an employer, if the skills being evaluated during the trial duration are skills utilized by the employer’s employees or might be utilized by employees if there are no other workers. This implies the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from wages

The ESA forbids employers from making reductions from earnings when the employer had a cash lack, lost residential or commercial property or had residential or commercial property stolen and a person aside from the staff member had access to the cash or home.

On March 21, 2024, the ESA was changed to validate that this consists of reductions from salaries in “dine and rush”, “gas and dash” and other similar situations.

Payment of wages – direct deposit

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

Effective June 21, 2024, an extra requirement will be in location if the company desires to pay earnings by direct deposit: the account must be picked by the staff member. This suggests the worker needs to choose which account to use and the company can not limit an employee’s section by, for example, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can pick the account where their incomes are to be deposited. If a company formerly limited a worker’s account choice – for example, by needing them to use an account at a particular banks – it is the employer’s responsibility to validate the worker’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can likewise alert their that they desire their earnings deposited to a various account and, when that takes place, the employer needs to make the change.

Vacation pay agreements

The ESA enables an employer to pay trip pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but only with the contract of the staff member. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the staff member needs to make a contract with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and should 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, companies will be required to pay ideas or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee needs to be paid the ideas or other gratuities at the work environment or at some other location concurred to electronically or in composing by the employee.

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

The requirement that the worker choose the account means the staff member must choose which account to utilize, and the company can not limit a staff member’s choice by, for example, needing the employee to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, an employee deserves to select the account where their pointers are to be deposited. If a company previously limited a worker’s account selection – for instance, by needing them to utilize an account at a specific financial institution – it is the employer’s responsibility to validate the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they desire their tips transferred to a various account and, when that happens, the company needs to make the change.

Tips sharing policy

The ESA permits companies, in addition to directors and investors of a company, to share in suggestions, if defined criteria are satisfied.

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

The requirement to post a policy does not need a company to develop a policy. It uses if a company has a written policy in place or if an employer has a recognized practice of sharing in a tip swimming pool that is consistently used (even if it’s not composed down). If the employer has an unwritten but recognized, consistently-applied practice in place, the employer must put the policy in writing and publish a copy of the policy.

The ESA does not define the details that must 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 company or a director or shareholder of the employer shares in the idea pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that develop new requirements for employers associated with openly marketed job postings.

Temporary help agency and employer licensing

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

– Temporary help companies are required to hold a licence to operate.Clients are prohibited from knowingly engaging or using the services of a momentary aid company unless the firm holds a licence. (Find out more about the relationship in between short-term aid companies and clients.).

– Employers, prospective employers and other recruiters are prohibited from knowingly engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and referall.us a decision 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 changed. The changes consist of:

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

– excusing specific employers from the security requirement under defined conditions,.

– changing the application fee and security requirements for entities applying both for a momentary assistance company and an employer licence.

The ministry’s licensing web page has been updated to show these modifications. Please visit that web page for information.