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Under the Employment Standards Act, 2000 (ESA), employers can require an employee to offer evidence sensible in the circumstances that they are entitled to sick leave under the ESA.
Effective October 28, 2024, employers can not require employees to supply a certificate from a competent health professional (a medical note). A « competent health practitioner » is an individual who is qualified to practise as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.
ESA optimum fines
A prosecution may be commenced under Part III of the Provincial Offences Act where an individual is believed to have actually committed an offence under the ESA. If convicted, a person might be based on a fine or a regard to jail time or both.
As of October 28, 2024, the optimum 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 consist of an individual who:
– performs work for a company for incomes
– materials services to a company for wages
– receives training from an employer, if the skill they’re being trained on is an ability utilized by the employer’s staff members
– is a homeworker
– was an employee
On March 21, 2024, the meaning of « training » was broadened to consist of work carried out during a trial period. An employee now consists of an individual who carries out work during a trial duration for an employer, if the abilities being assessed throughout the trial duration are skills utilized by the company’s workers or could be utilized by workers if there are no other workers. This indicates the hours worked during the trial period must be counted as work time. Learn more about what counts as work time.
Deductions from salaries
The ESA from making deductions from salaries when the company had a cash lack, lost property or had home taken and an individual besides the staff member had access to the money or property.
On March 21, 2024, the ESA was modified to confirm that this includes deductions from earnings in « dine and rush », « gas and dash » and other similar situations.
Payment of wages – direct deposit
The ESA needs employers to pay incomes 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 no one other than the employee can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an extra requirement will be in place if the employer desires to pay incomes by direct deposit: the account needs to be chosen by the employee. This suggests the employee needs to choose which account to utilize and the employer can not restrict a staff member’s area by, for example, needing the employee to use an account at a particular financial institution.
For employment payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their wages are to be transferred. If an employer formerly limited an employee’s account selection – for example, by requiring them to use an account at a specific banks – it is the company’s responsibility to validate the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they want their wages transferred to a various account and, when that happens, the employer must make the modification.
Vacation pay agreements
The ESA permits a company to pay trip pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however just with the arrangement of the staff member. Discover more about when to pay holiday pay.
Effective June 21, 2024, the ESA is changed to clarify that the staff member needs to 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 agreements can not be spoken and need to be made in writing (consisting of digitally), constant with how the ministry imposes the ESA.
Tips or other gratuities – approaches of payment
Beginning June 21, 2024, companies will be needed to pay tips or other gratuities by either:
– cash
– cheque
– direct deposit
If payment is by cash or cheque, the worker needs to be paid the suggestions or other gratuities at the work environment or employment at some other place accepted electronically or in writing by the staff member.
If payment is made by direct deposit, the account must be picked by the staff member and remain in the employee’s name. Nobody other than the employee can have access to the account, employment unless the employee has authorized it.
The requirement that the employee select the account suggests the employee must choose which account to utilize, and the employer can not restrict a staff member’s selection by, for instance, needing the worker to utilize an account at a particular banks.
For payments that are to be made after June 20, 2024, a staff member has the right to select the account where their suggestions are to be deposited. If a company formerly limited a worker’s account choice – for example, by requiring them to use an account at a specific monetary organization – it is the company’s duty to validate the employee’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise notify their employer that they desire their ideas deposited to a different account and, when that occurs, the company needs to make the change.
Tips sharing policy
The ESA allows employers, in addition to directors and investors of a company, to share in ideas, if defined criteria are fulfilled.
Effective June 21, 2024, where an employer has a policy about the employer, employment director or investor of the company, sharing in a pointer swimming pool, the employer will be needed to post a copy of that policy in a clearly noticeable place in the work environment where it is most 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 location or if a company has a recognized practice of sharing in a tip pool that is regularly used (even if it’s not made a note of). If the company has an unwritten however established, consistently-applied practice in place, the employer should put the policy in writing and post a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the posted file is a real copy of the policy that is in place and plainly states that the company or a director or shareholder of the employer shares in the pointer swimming pool.
Effective, June 21, 2024, employment employers will likewise be required to keep a copy of every tips 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 proclamation of the Lieutenant Governor, changes will enter force that develop new requirements for employers connected to publicly marketed task postings.
Temporary aid firm and recruiter 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 purposefully engaging or using the services of a short-term assistance firm unless the agency holds a licence. (Learn more about the relationship in between momentary help firms 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 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 acceptable form of security for all candidates,.
– excusing specific employers from the security requirement under defined conditions,.
– changing the application charge and security requirements for entities using both for a temporary help agency and an employer licence.
The ministry’s licensing web page has been upgraded to reflect these modifications. Please check out that website for information.
