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

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

ESA maximum fines

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

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

Definition of staff member

The Employment Standards Act (ESA) specifies an employee to consist of an individual who:

– performs work for a company for incomes

– products services to an employer for incomes

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of “training” was expanded to consist of work performed throughout a trial period. A staff member now consists of a person who carries out work during a trial duration for a company, if the skills being examined throughout the trial period are skills used by the employer’s workers or could be utilized by employees if there are no other employees. This means the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from wages

The ESA prohibits companies from making deductions from earnings when the employer had a cash scarcity, lost property or had actually residential or commercial property taken and a person other than the worker had access to the money or home.

On March 21, 2024, the ESA was amended to validate that this includes reductions from wages in “dine and dash”, “gas and dash” and other comparable situations.

Payment of incomes – direct deposit

The ESA needs companies to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the employee’s name and no one aside from the worker can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an additional requirement will remain in location if the employer wishes to pay salaries by direct deposit: the account needs to be chosen by the staff member. This suggests the staff member must choose which account to and the company can not restrict a worker’s section by, for example, requiring the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, referall.us an employee can choose the account where their earnings are to be transferred. If an employer previously limited a worker’s account selection – for example, by requiring them to utilize an account at a specific banks – it is the company’s responsibility to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can also alert their employer that they desire their wages transferred to a various account and, when that occurs, the employer needs to make the change.

Vacation pay contracts

The ESA enables an employer to pay holiday pay to an employee on every pay cheque as it collects or at any agreed-upon time, however only with the arrangement of the worker. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make an arrangement with the employer in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be spoken and should be made in composing (consisting of digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee should be paid the suggestions or other gratuities at the office or at some other location agreed to digitally or in writing by the worker.

If payment is made by direct deposit, the account needs to be chosen by the worker and remain in the worker’s name. Nobody besides the worker can have access to the account, unless the employee has actually licensed it.

The requirement that the employee choose the account indicates the worker must choose which account to utilize, and the company can not limit an employee’s selection by, for example, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can choose the account where their ideas are to be transferred. If a company formerly restricted a staff member’s account selection – for instance, by requiring them to use an account at a particular financial organization – it is the employer’s obligation to verify the staff member’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their company that they want their ideas transferred to a different account and, when that occurs, the company should make the change.

Tips sharing policy

The ESA permits companies, along with directors and investors of a company, to share in pointers, if defined requirements are satisfied.

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the company, sharing in a tip swimming pool, the company will be needed to publish a copy of that policy in a plainly visible location in the work environment where it is likely to come to the attention of employees.

The requirement to post a policy does not need an employer to develop a policy. It applies if a company has a written policy in location or if an employer 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 but recognized, consistently-applied practice in place, the company needs to put the policy in writing and publish a copy of the policy.

The ESA does not specify the details that should appear in the policy, as long as the published document is a true copy of the policy that is in place and clearly states that the company or a director or investor of the employer shares in the pointer pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, modifications will come into force that develop brand-new requirements for employers related to openly marketed task posts.

Temporary help agency and employer licensing

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

– Temporary help firms are required to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a momentary help firm unless the firm holds a licence. (Discover more about the relationship between temporary assistance firms and clients.).

– Employers, prospective employers and other recruiters are restricted from intentionally 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 rule that will apply.

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

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

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

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

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