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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to offer evidence reasonable in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not need staff members to provide a certificate from a competent health specialist (a medical note). A “competent health professional” is an individual who is certified to practise as a physician, registered 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 an individual is believed to have dedicated an offence under the ESA. If founded guilty, a person could be subject to a fine or a term of jail time or employment both.

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

Definition of staff member

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

– performs work for a company for incomes

– supplies services to an employer for salaries

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

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was broadened to consist of work carried out during a trial period. An employee now includes a person who performs work throughout a trial duration for an employer, if the abilities being examined throughout the trial duration are abilities used by the employer’s workers or might be used by staff members if there are no other staff members. This indicates 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 incomes

The ESA prohibits companies from making reductions from wages when the employer had a money lack, lost home or had home stolen and an individual aside from the worker had access to the money or residential or commercial property.

On March 21, 2024, the ESA was amended to verify that this includes deductions from wages in “dine and rush”, “gas and dash” and other similar circumstances.

Payment of incomes – direct deposit

The ESA requires employers to pay incomes by cash, cheque or direct deposit. If the wages 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 employee has licensed it.

Effective June 21, 2024, an extra requirement will remain in place if the employer wants to pay wages by direct deposit: the account should be selected by the worker. This implies the staff member must choose which account to use and the employer can not limit a staff member’s section 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, a staff member has the right to select the account where their salaries are to be deposited. If a company previously restricted a worker’s account selection – for instance, by needing them to utilize an account at a specific financial institution – it is the employer’s responsibility to confirm the employee’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise inform their company that they desire their wages deposited to a various account and, when that occurs, the company must make the change.

Vacation pay agreements

The ESA permits a company to pay trip pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but just with the contract of the employee. Learn more about when to pay trip pay.

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

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member must be paid the suggestions or other gratuities at the office or at some other location accepted digitally or in writing by the worker.

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

The requirement that the staff member pick the account indicates the worker should decide which account to use, and the employer can not limit an employee’s selection by, employment for instance, needing the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their pointers are to be transferred. If a company formerly limited a staff member’s account selection – for instance, by needing them to utilize an account at a specific banks – it is the company’s responsibility to validate the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. An employee can likewise inform their employer that they desire their pointers deposited to a various account and, when that takes place, the employer must make the change.

Tips sharing policy

The ESA permits companies, in addition to directors and investors of an employer, employment to share in ideas, if specified requirements are met.

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

The requirement to publish a policy does not need an employer to develop a policy. It uses if an employer has a written policy in place or if an employer has a recognized practice of sharing in a tip pool that is regularly used (even if it’s not made a note of). If the employer has an unwritten however established, consistently-applied practice in place, the must put the policy in composing and publish 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 true copy of the policy that is in place and clearly mentions that the employer or a director or shareholder of the employer shares in the idea swimming pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that establish brand-new requirements for companies associated with publicly advertised job posts.

Temporary assistance company 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 prohibited from intentionally engaging or using the services of a temporary assistance agency unless the firm holds a licence. (Discover more about the relationship in between temporary help companies and customers.).

– Employers, prospective companies and other recruiters are forbidden from knowingly engaging or utilizing the services of any recruiter that does not hold a licence.

Where applications are made before July 1, 2024 and a decision 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 modifications include:

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

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

– changing the application fee and security requirements for entities applying both for a temporary assistance company and an employer licence.

The ministry’s licensing webpage has been updated to reflect these changes. Please visit that web page for details.