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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to provide evidence affordable in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not need employees to provide a certificate from a qualified health practitioner (a medical note). A “competent health professional” 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 provided to the staff member.

ESA optimum fines

A prosecution might be started under Part III of the Provincial Offences Act where an individual is thought to have actually devoted an offense under the ESA. If founded guilty, an individual could be subject to a fine or a term of imprisonment or both.

As of 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 worker

The Employment Standards Act (ESA) defines a worker to include a person who:

– performs work for an employer for incomes

– supplies services to a company for salaries

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was broadened to include work carried out during a trial period. A staff member now includes an individual who performs work during a trial duration for a company, if the skills being assessed throughout the trial period are abilities utilized by the employer’s employees or could be utilized by employees if there are no other staff members. This suggests the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA prohibits employers from making from wages when the employer had a cash shortage, lost home or had residential or commercial property stolen and an individual besides the staff member had access to the cash or home.

On March 21, 2024, the ESA was changed to verify that this includes deductions from earnings in “dine and dash”, “gas and dash” and other similar circumstances.

Payment of incomes – direct deposit

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

Effective June 21, 2024, an extra requirement will remain in location if the employer desires to pay earnings by direct deposit: the account must be chosen by the employee. This implies the staff member should decide which account to utilize and the company can not restrict an employee’s section by, for instance, requiring the staff member to use an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a staff member can pick the account where their wages are to be transferred. If an employer formerly restricted a worker’s account choice – for example, by requiring them to use an account at a particular banks – it is the company’s duty to verify the employee’s choice 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 incomes deposited to a various account and, when that takes place, the employer must make the modification.

Vacation pay arrangements

The ESA enables an employer to pay holiday pay to an employee on every pay cheque as it collects or at any agreed-upon time, however just with the contract of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker must make an agreement with the company in order for the company to be able to pay vacation 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 composing (including electronically), constant with how the ministry implements the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the employee should be paid the ideas or other gratuities at the work environment or at some other place agreed to digitally or in writing by the employee.

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

The requirement that the staff member choose the account indicates the worker should choose which account to utilize, and the employer can not limit a worker’s choice by, for example, needing the worker to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a staff member can pick the account where their ideas are to be transferred. If an employer formerly restricted an employee’s account choice – for instance, by requiring them to use an account at a specific banks – it is the employer’s responsibility to verify the staff member’s choice of their desired account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their suggestions transferred to a various account and, when that happens, the company should make the modification.

Tips sharing policy

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

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

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

The ESA does not define the info 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 specifies that the employer or a director or investor of the company shares in the tip pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every ideas sharing policy that is required to be published for 3 years after the policy stops being in effect.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for companies related to openly marketed job posts.

Temporary help company and employer licensing

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

– Temporary help firms are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or utilizing the services of a short-lived aid company unless the company holds a licence. (Discover more about the relationship in between temporary assistance companies and clients.).

– Employers, potential companies and other employers are forbidden 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 guideline that will use.

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 new acceptable type of security for all applicants,.

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

– altering the application charge and security requirements for entities using both for a temporary aid firm and an employer licence.

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