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

Effective October 28, 2024, companies can not need employees to supply a certificate from a competent health practitioner (a medical note). A « competent health specialist » is an individual who is certified to practise 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 maximum fines

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

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

Definition of employee

The Employment Standards Act (ESA) defines a staff member to consist of an individual who:

– carries out work for a company for incomes

– products services to an employer for salaries

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

– is a homeworker

– was an employee

On March 21, employment 2024, the meaning of « training » was expanded to consist of work carried out throughout a trial duration. An employee now includes an individual who carries out work during a trial duration for an employer, if the abilities being examined throughout the trial duration are abilities used by the employer’s workers or might be utilized by workers if there are no other workers. This implies the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA prohibits companies from making reductions from salaries when the employer had a cash scarcity, lost property or had residential or commercial property taken and a person aside from the employee had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was changed to validate that this includes deductions from salaries in « dine and dash », « gas and dash » and other comparable scenarios.

Payment of wages – direct deposit

The ESA requires companies to pay wages by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account should remain in the staff member’s name and nobody besides the staff member can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an extra requirement will be in location if the employer desires to pay incomes by direct deposit: the account should be picked by the worker. This suggests the staff member must choose which account to use and the employer can not restrict a worker’s section by, for instance, needing the worker to use an account at a specific financial organization.

For payments that are to be made after June 20, 2024, employment a staff member can select the account where their salaries are to be transferred. If an employer formerly limited a worker’s account choice – for example, by requiring them to utilize an account at a specific financial organization – it is the company’s obligation to validate 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 want their incomes deposited to a various account and, when that occurs, employment the employer should make the change.

Vacation pay contracts

The ESA enables an employer to pay getaway pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however only with the agreement of the worker. Discover more about when to pay trip pay.

Effective June 21, 2024, employment the ESA is amended to clarify that the worker needs to make a with the employer 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 verbal and employment should be made in composing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

Beginning June 21, 2024, employers will be required to pay pointers or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker must be paid the suggestions or other gratuities at the office or at some other place accepted digitally or in composing by the employee.

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

The requirement that the worker select the account means the worker must decide which account to use, and the company can not limit a staff member’s selection by, for example, needing the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee deserves to select the account where their tips are to be transferred. If a company previously limited an employee’s account choice – for example, by needing them to utilize an account at a specific banks – it is the employer’s obligation to verify the employee’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also inform their company that they want their tips transferred to a various account and, when that happens, the employer needs to make the modification.

Tips sharing policy

The ESA allows companies, in addition to directors and investors of a company, to share in tips, if defined requirements are met.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, employment sharing in a tip pool, the company will be required to publish a copy of that policy in a clearly noticeable place in the workplace 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 a company has a written policy in location or if a company has an established practice of sharing in a pointer pool that is consistently applied (even if it’s not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in place, the company needs to put the policy in composing and post a copy of the policy.

The ESA does not define the info that should appear in the policy, as long as the posted file is a real copy of the policy that is in place and clearly specifies that the company or a director or shareholder of the employer shares in the idea pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every ideas sharing policy that is needed to be posted for three 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 brand-new requirements for companies related to openly advertised task posts.

Temporary help firm and recruiter licensing

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

– Temporary help agencies are required to hold a licence to operate.Clients are restricted from intentionally engaging or utilizing the services of a temporary aid company unless the agency holds a licence. (Find out more about the relationship in between momentary aid agencies and clients.).

– Employers, prospective employers and other recruiters 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 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 modified. The changes consist of:

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

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

– changing the application fee and security requirements for entities using both for a short-term aid company and an employer licence.

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