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Under the Employment Standards Act, employment 2000 (ESA), companies can require an employee to offer proof reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, employers can not require employees to provide a certificate from a certified health specialist (a medical note). A « certified health specialist » is an individual who is qualified to practise as a physician, signed up nurse or employment psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.

ESA optimum fines

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

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

Definition of worker

The Employment Standards Act (ESA) specifies a staff member to include an individual who:

– performs work for a company for employment incomes

– materials services to an employer for salaries

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of « training » was expanded to include work performed during a trial duration. A staff member now includes a person who performs work during a trial period for an employer, if the skills being evaluated during the trial period are skills utilized by the company’s workers or might be utilized by staff members if there are no other employees. This suggests the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids employers from making deductions from incomes when the employer had a cash shortage, lost residential or commercial property or had home stolen and a person besides the staff member had access to the cash or employment property.

On March 21, 2024, the ESA was modified to confirm that this consists of reductions from salaries in « dine and rush », « gas and dash » and other similar scenarios.

Payment of wages – direct deposit

The ESA requires companies to pay earnings by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account must be in the worker’s name and nobody 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 desires to pay salaries by direct deposit: the account must be picked by the worker. This means the staff member needs to decide which account to use and the employer can not restrict a staff member’s area by, for instance, requiring the worker to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee can choose the account where their earnings are to be deposited. If an employer previously limited a staff member’s account choice – for instance, by needing them to utilize an account at a institution – it is the employer’s responsibility to confirm the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they want their wages transferred to a various account and, when that occurs, the employer must make the change.

Vacation pay arrangements

The ESA enables a company to pay getaway pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, however just with the arrangement of the staff member. Learn more about when to pay getaway pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker should make an arrangement 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 contracts can not be spoken and need to be made in writing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee needs to be paid the tips or other gratuities at the work environment or at some other place accepted electronically or in writing by the employee.

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

The requirement that the staff member pick the account means the employee must choose which account to utilize, and the company can not restrict an employee’s choice by, for instance, employment requiring the worker to use an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, a staff member has the right to choose the account where their ideas are to be deposited. If an employer previously restricted a staff member’s account selection – for instance, by requiring them to use an account at a particular banks – it is the employer’s obligation to validate the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they desire their ideas deposited to a different account and, when that takes place, the employer must make the modification.

Tips sharing policy

The ESA enables companies, as well as directors and shareholders of an employer, to share in tips, if defined criteria are met.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the company, sharing in an idea pool, employment the company will be required to post a copy of that policy in a clearly noticeable location in the office where it is likely to come to the attention of employees.

The requirement to publish a policy does not require an employer 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 suggestion pool that is consistently used (even if it’s not documented). If the employer has an unwritten however established, consistently-applied practice in location, the company should put the policy in composing and publish 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 clearly states that the company or a director or investor of the company shares in the tip pool.

Effective, June 21, 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 publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, amendments will enter force that develop brand-new requirements for companies related to openly advertised job posts.

Temporary help company and recruiter licensing

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

– Temporary assistance agencies are needed to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a temporary assistance company unless the agency holds a licence. (Find out more about the relationship between temporary assistance agencies and clients.).

– Employers, employment potential companies and other employers are restricted 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 choice 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 changed. The modifications consist of:

– Adding a surety bond as a new acceptable form of security for all candidates,.

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

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

The ministry’s licensing website has been upgraded to reflect these modifications. Please go to that web page for information.