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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to offer proof affordable in the situations that they are entitled to sick leave under the ESA.

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

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where an individual is believed to have devoted an offence under the ESA. If founded guilty, a person might be subject to a fine or employment a term of imprisonment or both.

Since October 28, 2024, the maximum 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) defines a staff member to consist of an individual who:

– carries out work for a company for wages

– products services to a company for salaries

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

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was expanded to consist of work carried out during a trial period. A staff member now includes an individual who performs work during a trial duration for an employer, if the skills being evaluated throughout the trial period are abilities used by the employer’s employees or might be used by staff members if there are no other staff members. This suggests the hours worked throughout the trial period must be counted as work time. Find out more about what counts as work time.

Deductions from wages

The ESA restricts employers from making reductions from salaries when the employer had a cash scarcity, lost home or had actually home taken and a person aside from the staff member had access to the money or home.

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

Payment of earnings – direct deposit

The ESA needs companies to pay salaries by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account should be in the employee’s name and no one 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 remain in location if the company wants to pay salaries by direct deposit: the account must be selected by the worker. This indicates the employee should decide which account to utilize and the employer can not restrict a staff member’s area by, for instance, requiring the employee to use an account at a particular banks.

For employment payments that are to be made after June 20, 2024, a worker can select the account where their wages are to be transferred. If an employer formerly limited a worker’s account selection – for instance, by needing them to utilize an account at a specific banks – it is the company’s duty to verify the employee’s selection of their wanted account before they make the next payment after June 20, 2024. An employee can also alert their company that they desire their wages deposited to a various account and, when that happens, the employer needs to make the change.

Vacation pay agreements

The ESA enables an employer to pay vacation pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however only with the arrangement of the employee. Learn more about when to pay trip pay.

Effective June 21, 2024, the ESA is changed to clarify that the staff member should make an arrangement with the company in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and must be made in writing (including digitally), consistent with how the ministry enforces the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker should be paid the suggestions or other gratuities at the work environment or at some other place accepted electronically or employment in composing by the worker.

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

The requirement that the staff member select the account implies the staff member must choose which account to utilize, and the company can not limit a worker’s choice by, for instance, needing the staff member to utilize an account at a specific monetary institution.

For payments that are to be made after June 20, 2024, employment a worker can pick the account where their ideas are to be deposited. If an employer previously restricted a staff member’s account choice – for instance, by needing them to use an account at a specific financial organization – it is the company’s responsibility to confirm the staff member’s selection of their preferred account before they make the next payment after June 20, employment 2024. A worker can likewise alert their employer that they desire their tips transferred to a different account and, when that happens, the company should make the modification.

Tips sharing policy

The ESA allows employers, as well as directors and shareholders of an employer, to share in pointers, if defined requirements are met.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the employer, sharing in a pointer pool, the employer will be needed to publish a copy of that policy in a plainly noticeable place in the work environment where it is most likely to come to the attention of staff members.

The requirement to post a policy does not require a company to develop a policy. It applies if an employer has a written policy in location or if an employer has an established practice of sharing in a suggestion pool that is consistently used (even if it’s not documented). If the company has an unwritten however established, consistently-applied practice in location, the employer must 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 posted document is a true copy of the policy that is in location and plainly specifies that the company or a director or shareholder of the employer shares in the pointer pool.

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

Job posting requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter into force that develop new requirements for employers related to publicly advertised task posts.

Temporary aid firm and recruiter licensing

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

– Temporary aid agencies are required to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a temporary aid firm unless the company holds a licence. (Discover more about the relationship between short-lived assistance agencies and customers.).

– Employers, potential employers and other employers are prohibited from intentionally engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and employment a decision is pending, there is a transitional guideline that will apply.

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

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

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

– changing the application fee and security requirements for entities using both for a short-lived help company and a recruiter licence.

The ministry’s licensing webpage has actually been updated to reflect these modifications. Please go to that website for details.