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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to provide evidence reasonable in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need staff members to supply a certificate from a competent health specialist (a medical note). A “qualified health practitioner” is a person who is qualified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA optimum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is believed to have devoted an offence under the ESA. If convicted, a person could be based on a fine or a term of jail time or both.

Since 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 employee

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

– performs work for an employer for wages

– materials services to an employer for incomes

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of “training” was expanded to consist of work carried out throughout a trial duration. An employee now consists of an individual who carries out work throughout a trial period for a company, referall.us if the abilities being assessed during the trial period are abilities used by the employer’s staff members or might be used by staff members if there are no other workers. This implies the hours worked during the trial duration must be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA prohibits employers from making reductions from wages when the employer had a money scarcity, lost home or had property stolen and a person other than the staff member had access to the cash or home.

On March 21, 2024, the ESA was changed to verify that this includes reductions from wages in “dine and rush”, “gas and dash” and other comparable scenarios.

Payment of earnings – direct deposit

The ESA needs employers to pay earnings by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account should be in the worker’s name and no one aside from the staff member can have access to the account, unless the worker has authorized it.

Effective June 21, 2024, an additional requirement will be in place if the employer wants to pay earnings by direct deposit: the account should be selected by the employee. This indicates the staff member should decide which account to use and the employer can not limit an employee’s section by, for example, requiring the staff member to use an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, a staff member can select the account where their incomes are to be deposited. If an employer formerly limited an employee’s account selection – for example, by requiring them to use an account at a specific financial institution – it is the company’s obligation to verify the worker’s choice of their desired account before they make the next payment after June 20, 2024. A worker can likewise inform their employer that they desire their earnings deposited to a different account and, when that happens, the employer should make the change.

Vacation pay arrangements

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

Effective June 21, 2024, the ESA is modified to clarify that the staff member should make an agreement 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 verifies that such agreements can not be spoken and need to be made in writing (including electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the staff member needs to be paid the suggestions or other gratuities at the office or at some other place accepted electronically or in composing by the employee.

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

The requirement that the staff member pick the account means the staff member must choose which account to use, and the company can not restrict an employee’s choice by, for instance, 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 has the right to select the account where their pointers 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 specific banks – it is the company’s responsibility to verify the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A worker can also inform their company that they want their ideas transferred to a different account and, when that happens, the employer should make the change.

Tips sharing policy

The ESA permits employers, along with directors and investors of a company, to share in pointers, if defined criteria are fulfilled.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the employer, sharing in a tip swimming pool, the employer will be required to post a copy of that policy in a clearly visible location in the workplace where it is most likely to come to the attention of employees.

The requirement to publish a policy does not need a company to establish a policy. It applies if a company has a written policy in location or if a company has a recognized practice of sharing in an idea swimming pool that is consistently used (even if it’s not jotted down). If the employer has an unwritten however recognized, consistently-applied practice in place, the should put the policy in writing and post a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted document is a true copy of the policy that is in place and plainly mentions that the company or a director or shareholder of the employer shares in the idea pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that develop new requirements for employers connected to openly advertised task postings.

Temporary aid firm and employer licensing

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

– Temporary aid agencies are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a short-term assistance agency unless the agency holds a licence. (Find out more about the relationship between momentary aid firms and clients.).

– Employers, potential employers and other recruiters are restricted from purposefully engaging or utilizing 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 acceptable form of security for all candidates,.

– exempting particular recruiters from the security requirement under specified conditions,.

– changing the application cost and security requirements for entities applying both for a short-term help agency and an employer licence.

The ministry’s licensing website has been updated to reflect these modifications. Please check out that webpage for information.