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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to supply proof reasonable in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not need workers to offer a certificate from a qualified health specialist (a medical note). A « qualified health practitioner » is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

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, a person might be subject to a fine or a regard to jail time or both.

As of October 28, 2024, the optimum 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) defines a worker to consist of an individual who:

– performs work for an employer for earnings

– materials services to a company for wages

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of « training » was broadened to consist of work performed during a trial duration. An employee now consists of a person who performs work throughout a trial period for an employer, if the abilities being examined during the trial duration are skills utilized by the employer’s workers or might be used by workers if there are no other employees. This suggests the hours worked throughout the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts employers from making reductions from wages when the company had a cash shortage, lost home or had property stolen and an individual besides the worker had access to the money or property.

On March 21, 2024, the ESA was amended to confirm that this consists of reductions from wages in « dine and rush », « gas and dash » and other comparable situations.

Payment of incomes – direct deposit

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

Effective June 21, 2024, an extra requirement will be in place if the company wishes to pay wages by direct deposit: the account should be picked by the employee. This implies the worker should decide which account to utilize and the employer can not restrict an employee’s area by, for instance, needing the worker to utilize an account at a specific financial institution.

For payments that are to be made after June 20, 2024, an employee can choose the account where their wages are to be transferred. If a company previously limited an employee’s account selection – for instance, by needing them to use an account at a particular banks – it is the employer’s obligation to confirm the worker’s selection of their desired account before they make the next payment after June 20, 2024. An employee can also notify their employer that they want their wages deposited to a various account and, when that takes place, the employer needs to make the change.

Vacation pay arrangements

The ESA permits an employer to pay trip pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, employment but just with the agreement of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must make a contract with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be verbal and must be made in composing (consisting of digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities – methods of payment

Beginning June 21, 2024, companies will be needed 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 suggestions or other gratuities at the workplace or at some other location consented to electronically or in composing by the worker.

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

The requirement that the worker pick the account suggests the worker must choose which account to utilize, and the employer can not limit a worker’s selection by, for example, requiring the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their tips are to be deposited. If an employer formerly restricted a worker’s account selection – for instance, by requiring them to use an account at a specific financial organization – it is the employer’s duty to verify the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can also alert their employer that they want their ideas deposited to a various account and, when that occurs, the employer needs to make the change.

Tips sharing policy

The ESA enables employers, along with directors and investors of an employer, to share in suggestions, if specified requirements are satisfied.

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

The requirement to publish a policy does not require an employer to establish a policy. It uses if an employer has a written policy in location or if an employer has an established practice of sharing in a suggestion swimming pool that is regularly applied (even if it’s not made a note of). If the employer has an unwritten but established, consistently-applied practice in location, the employer needs to put the policy in composing and post a copy of the policy.

The ESA does not define the info that needs to appear in the policy, as long as the posted file is a true copy of the policy that remains in location and plainly mentions that the company or a director or shareholder of the employer shares in the idea pool.

Effective, June 21, 2024, companies will also be required to keep a copy of every ideas sharing policy that is required to be published 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, changes will come into force that establish new requirements for employers associated with openly advertised task posts.

Temporary help firm and employer licensing

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

– Temporary aid companies are required to hold a licence to operate.Clients are forbidden from purposefully engaging or using the services of a short-term help company unless the firm holds a licence. (Find out more about the relationship in between short-lived assistance agencies and customers.).

– Employers, prospective companies and other recruiters are forbidden from intentionally engaging or utilizing 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, employment 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 form of security for all candidates,.

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

– changing the application charge and security requirements for entities using both for a short-lived help company and employment an employer licence.

The ministry’s licensing website has actually been updated to show these modifications. Please go to that website for details.