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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply proof reasonable in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not need workers to supply a certificate from a certified health specialist (a medical note). A “qualified health professional” is an individual who is qualified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the staff member.

ESA optimum fines

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

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

Definition of staff member

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

– performs work for an employer for earnings

– materials services to an employer for incomes

– 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, job 2024, the significance of “training” was broadened to consist of work performed during a trial duration. A worker now consists of an individual who carries out work during a trial period for an employer, if the skills being assessed throughout the trial period are abilities used by the company’s employees or might be utilized by staff members if there are no other employees. This implies the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA restricts companies from making reductions from earnings when the company had a money lack, lost property or had residential or commercial property stolen and an individual other than the staff member had access to the money or home.

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

Payment of incomes – direct deposit

The ESA needs companies to pay earnings 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 aside from the staff member can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an extra requirement will be in location if the to pay incomes by direct deposit: the account should be chosen by the employee. This means the staff member should decide which account to utilize and the employer can not limit a staff member’s section by, for example, requiring the worker to use an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their earnings are to be transferred. If an employer formerly limited a worker’s account choice – for instance, by requiring them to utilize an account at a particular banks – it is the company’s responsibility to verify the worker’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can also notify their company that they want their salaries deposited to a different account and, when that takes place, the company should make the modification.

Vacation pay agreements

The ESA enables an employer to pay vacation pay to an employee on every pay cheque as it builds up or job at any agreed-upon time, job however only with the contract of the employee. Find out more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make an agreement with the company in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and should be made in composing (including digitally), consistent with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker should be paid the ideas or other gratuities at the workplace 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 employee and job remain in the worker’s name. Nobody besides the staff member can have access to the account, unless the worker has actually licensed it.

The requirement that the worker pick the account indicates the employee must choose which account to use, and the company can not limit a worker’s choice by, for instance, needing the employee to use 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 transferred. If a company formerly limited a worker’s account selection – for example, by needing them to use an account at a particular financial institution – it is the company’s duty to validate the employee’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 tips transferred to a different account and, when that takes place, the company should make the change.

Tips sharing policy

The ESA enables companies, in addition to directors and shareholders of a company, to share in tips, if defined criteria are satisfied.

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

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 place or if an employer has an established practice of sharing in a pointer swimming pool that is regularly applied (even if it’s not written 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 define the information that must appear in the policy, as long as the published document is a real copy of the policy that is in location and clearly mentions that the employer or a director or investor of the company shares in the pointer pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every tips sharing policy that is needed to be posted for three years after the policy stops being in effect.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter force that develop new requirements for employers associated with publicly marketed job postings.

Temporary help firm 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 restricted from knowingly engaging or using the services of a momentary assistance firm unless the company holds a licence. (Learn more about the relationship in between short-term assistance firms and clients.).

– Employers, prospective companies and other employers are prohibited from knowingly 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 apply.

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

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

– excusing certain recruiters from the security requirement under specified conditions,.

– altering the application cost and security requirements for entities using both for a momentary assistance company and an employer licence.

The ministry’s licensing website has been upgraded to show these modifications. Please visit that website for information.