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

Effective October 28, 2024, employers can not need workers to supply a certificate from a qualified health practitioner (a medical note). A « qualified health practitioner » is an individual who is qualified 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 optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offense under the ESA. If convicted, an individual could be subject to a fine or a regard to jail time or both.

Since October 28, 2024, the maximum 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 worker to include a person who:

– performs work for an employer for wages

– products services to a company for salaries

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

– is a homeworker

– was a worker

On March 21, 2024, the meaning of « training » was to consist of work carried out during a trial duration. A worker now consists of an individual who carries out work throughout a trial period for a company, if the abilities being examined during the trial period are abilities used by the employer’s staff members or might be used by staff members if there are no other employees. This implies the hours worked during the trial duration need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts employers from making deductions from salaries when the company had a cash scarcity, lost home or had home 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 amended to confirm that this includes reductions from incomes in « dine and dash », « gas and dash » and other similar scenarios.

Payment of wages – direct deposit

The ESA requires companies to pay salaries by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the staff member’s name and no one besides the staff member can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an additional requirement will be in place if the employer wishes to pay incomes by direct deposit: the account should be selected by the employee. This means the worker must choose which account to utilize and the company can not restrict a worker’s section by, for example, requiring the staff member to utilize an account at a particular banks.

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 deposited. If an employer formerly restricted an employee’s account selection – for example, by needing them to use an account at a particular financial institution – it is the employer’s responsibility to verify the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they want their incomes transferred to a various account and, when that happens, the employer needs to make the change.

Vacation pay contracts

The ESA permits a company to pay trip pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but just with the agreement of the worker. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker should make a contract with the company in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and must be made in composing (including electronically), constant with how the ministry enforces 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:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee should be paid the pointers or other gratuities at the work environment or at some other location consented to digitally or in writing by the staff member.

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

The requirement that the employee select the account implies the worker should choose which account to use, and the employer can not limit a worker’s selection by, for instance, requiring the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can choose the account where their tips are to be transferred. If an employer formerly limited a worker’s account selection – for instance, by requiring them to utilize an account at a particular banks – it is the employer’s responsibility to confirm the employee’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their company that they desire their suggestions deposited to a different account and, when that happens, the employer must make the change.

Tips sharing policy

The ESA allows companies, in addition to directors and shareholders of a company, to share in ideas, if specified requirements are satisfied.

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

The requirement to publish a policy does not need a company to establish 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 suggestion pool that is consistently used (even if it’s not documented). If the employer has an unwritten however recognized, consistently-applied practice in place, the employer needs to put the policy in writing and post a copy of the policy.

The ESA does not specify the info that must appear in the policy, as long as the posted file is a real copy of the policy that is in place and employment plainly mentions that the company or a director or investor of the company shares in the suggestion swimming pool.

Effective, June 21, employment 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 impact.

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, modifications will come into force that establish new requirements for companies related to publicly advertised job postings.

Temporary assistance company and recruiter licensing

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

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

– Employers, prospective companies 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 decision 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 acceptable kind of security for all candidates,.

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

– changing the application cost and security requirements for entities using both for a temporary aid agency and a recruiter licence.

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