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

Effective October 28, 2024, companies can not need workers to provide a certificate from a qualified health practitioner (a medical note). A “competent health practitioner” is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA optimum fines

A prosecution might be started under Part III of the Provincial Offences Act where an individual is believed to have devoted an offense under the ESA. If convicted, a person might be based on a fine or a regard to jail time or both.

As of October 28, 2024, the maximum 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) defines an employee to consist of a person who:

– carries out work for an employer for earnings

– materials services to a company for incomes

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was broadened to include work performed throughout a trial duration. A staff member now consists of an individual who carries out work throughout a trial duration for a company, if the abilities being assessed throughout the trial period are abilities utilized by the company’s employees or might be used by workers if there are no other staff members. This implies the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA restricts companies from making deductions from wages when the company had a money lack, lost property or had actually residential or commercial property stolen and an individual other than the worker had access to the money or home.

On March 21, 2024, the ESA was changed to validate that this consists of deductions from salaries in “dine and dash”, “gas and dash” and other similar circumstances.

Payment of salaries – direct deposit

The ESA needs employers to pay incomes by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account must be in the employee’s name and nobody other than the staff member can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an additional requirement will remain in place if the employer wants to pay wages by direct deposit: the account needs to be selected by the worker. This indicates the staff member should decide which account to use and the employer can not restrict a worker’s section by, for instance, needing the worker to utilize an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their incomes are to be deposited. If a company previously limited a worker’s account choice – for example, by requiring them to use an account at a specific financial institution – it is the employer’s duty to verify the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they want their salaries deposited to a different account and, when that takes place, the employer must make the modification.

Vacation pay contracts

The ESA permits an employer to pay vacation pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however just with the contract of the employee. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee needs to make an arrangement 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 confirms that such contracts can not be verbal and should be made in writing (including electronically), 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 tips or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by money or cheque, the staff member should be paid the pointers or other gratuities at the office or at some other location concurred to digitally or in writing by the employee.

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

The requirement that the employee select the account implies the worker should choose which account to utilize, and the employer can not restrict a staff member’s choice by, for instance, needing the staff member to use an account at a specific banks.

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 obligation to validate the worker’s choice of their desired account before they make the next payment after June 20, 2024. A worker can also alert their company that they desire their ideas deposited to a various account and, when that happens, the employer should make the change.

Tips sharing policy

The ESA permits employers, along with directors and shareholders of an employer, to share in ideas, if defined requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor employment of the employer, employment sharing in a tip swimming pool, the company will be needed to post a copy of that policy in a plainly noticeable place 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 develop a policy. It applies if a company has a written policy in place or if a company has a recognized practice of sharing in a pointer pool that is regularly used (even if it’s not jotted down). If the employer has an unwritten but recognized, consistently-applied practice in location, employment the company should put the policy in composing and post a copy of the policy.

The ESA does not specify the information that should appear in the policy, as long as the published document is a real copy of the policy that is in location and clearly states that the employer or a or shareholder of the employer shares in the tip pool.

Effective, June 21, 2024, employers will also be needed to keep a copy of every pointers sharing policy that is needed 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, modifications will enter into force that establish new requirements for employment companies related to publicly marketed job posts.

Temporary assistance firm and employer licensing

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

– Temporary help firms are needed to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a short-term assistance firm unless the company holds a licence. (Learn more about the relationship in between short-lived aid agencies and customers.).

– Employers, prospective employers and other employers are forbidden from knowingly engaging or using the services of any employer 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 amended. The modifications consist of:

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

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

– changing the application cost and employment security requirements for entities using both for a momentary assistance agency and a recruiter licence.

The ministry’s licensing web page has actually been upgraded to reflect these modifications. Please visit that webpage for information.