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Under the Employment Standards Act, 2000 (ESA), companies can require an employee to supply evidence reasonable in the circumstances that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not require staff members to provide a certificate from a competent health practitioner (a medical note). A “qualified health professional” is an individual who is qualified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.

ESA maximum fines

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

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

Definition of staff member

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

– performs work for a company for salaries

– materials services to an employer for wages

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was expanded to include work performed during a trial duration. An employee now includes a person who performs work throughout a trial duration for an employer, if the abilities being examined throughout the trial duration are abilities used by the employer’s staff members or could be utilized by employees if there are no other employees. This suggests 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 earnings

The ESA forbids companies from making reductions from wages when the company had a cash shortage, lost property or had actually residential or commercial property stolen and a person besides the worker had access to the cash or residential or commercial property.

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

Payment of salaries – direct deposit

The ESA requires employers to pay salaries by cash, cheque or employment direct deposit. If the earnings are paid by direct deposit, the account should be in the employee’s name and nobody besides the worker 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 incomes by direct deposit: the account needs to be selected by the worker. This suggests the employee needs to choose which account to use and the company can not limit a staff member’s area by, for instance, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can choose the account where their salaries are to be transferred. If an employer formerly restricted an employee’s account selection – for example, employment by requiring them to utilize an account at a specific financial organization – it is the employer’s responsibility to verify the employee’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise alert their employer that they desire their salaries transferred to a different account and, when that occurs, the employer must make the modification.

Vacation pay contracts

The ESA permits a company to pay getaway pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but only with the agreement of the staff member. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker must make a contract with the company in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such agreements 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 needed to pay pointers or other gratuities by either:

– money

– cheque

– direct deposit

If payment is by cash or cheque, the worker needs to be paid the pointers or other gratuities at the workplace or employment at some other location agreed to electronically or in composing by the employee.

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

The requirement that the worker select the account implies the employee should choose which account to utilize, and the company can not restrict a worker’s selection by, for example, needing the employee to use an account at a particular financial organization.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their pointers are to be transferred. If a company formerly restricted a staff member’s account choice – for instance, by requiring them to utilize an account at a particular monetary organization – it is the company’s obligation to validate the staff member’s choice of their desired account before they make the next payment after June 20, 2024. A worker can also alert their company that they want their ideas deposited to a different account and, when that happens, the company should make the change.

Tips sharing policy

The ESA enables employers, along with directors and shareholders of an employer, to share in ideas, if specified requirements are met.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in a tip pool, the company will be required to publish a copy of that policy in a plainly noticeable location in the workplace where it is likely to come to the attention of workers.

The requirement to post a policy does not need a company to establish a policy. It applies if a company has a written policy in place or if a company has an established practice of sharing in a tip swimming pool that is consistently used (even if it’s not composed down). If the company has an unwritten however recognized, consistently-applied practice in location, the employer should put the policy in writing and post 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 true copy of the policy that is in place and clearly mentions that the company or a director or shareholder of the company shares in the tip swimming pool.

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

Job publishing requirements

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

Temporary help agency and employer licensing

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

– Temporary assistance firms are needed to hold a licence to operate.Clients are restricted from knowingly engaging or using the services of a temporary assistance company unless the agency holds a licence. (Find out more about the relationship between short-term assistance firms and clients.).

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

Where applications are made before July 1, 2024 and a decision is pending, there is a that will apply.

On April 29, employment 2024, employment O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications include:

– Adding a surety bond as a brand-new acceptable form of security for all applicants,.

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

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

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