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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply evidence sensible in the circumstances that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not require employees to offer a certificate from a qualified health professional (a medical note). A “competent health professional” is a person who is qualified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the worker.

ESA maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have dedicated an offence under the ESA. If convicted, an individual might be based on a fine or a regard to imprisonment or employment both.

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

Definition of staff member

The Employment Standards Act (ESA) defines an employee to consist of a person who:

– carries out work for an employer for salaries

– materials services to an employer for earnings

– gets training from an employer, if the skill they’re being trained on is a skill utilized by the employer’s workers

– is a homeworker

– was an employee

On March 21, 2024, the meaning of “training” was broadened to include work carried out during a trial duration. An employee now consists of an individual who performs work during a trial period for a company, if the abilities being examined during the trial duration are abilities used by the employer’s staff members or could be used by staff members if there are no other employees. This implies the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA prohibits companies from making reductions from earnings when the employer had a cash shortage, lost home or had residential or commercial property taken and an individual besides the employee had access to the money or employment home.

On March 21, 2024, the ESA was modified to verify that this includes deductions from salaries in “dine and rush”, “gas and dash” and other comparable situations.

Payment of salaries – direct deposit

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

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay wages by direct deposit: the account must be picked by the staff member. This means the staff member should choose which account to utilize and the company can not limit an employee’s area 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, an employee can pick the account where their wages are to be transferred. If a company previously limited a staff member’s account choice – for example, by requiring them to use an account at a specific financial institution – it is the company’s responsibility to validate the staff member’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can also notify their employer that they want their wages transferred to a various account and, when that takes place, the employer should make the modification.

Vacation pay contracts

The ESA permits a company to pay holiday pay to a worker on every pay cheque as it collects or at any agreed-upon time, however just with the contract of the staff member. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is changed to clarify that the staff member should make an agreement with the employer in order for the company to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This validates that such arrangements can not be verbal and need to be made in composing (consisting of electronically), constant with how the ministry enforces the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee must be paid the pointers or other gratuities at the office or at some other place concurred to digitally or in composing by the worker.

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

The requirement that the employee pick the account means the worker should decide which account to use, and the employer can not restrict an employee’s choice by, employment for instance, needing the staff member 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 suggestions are to be transferred. If a company formerly limited an employee’s account selection – for instance, by needing them to use an account at a specific monetary institution – it is the company’s duty to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they want their pointers transferred to a various account and, when that happens, the company needs to make the modification.

Tips sharing policy

The ESA enables companies, in addition to directors and shareholders of an employer, to share in ideas, if specified criteria are fulfilled.

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

The requirement to post a policy does not require a company to develop a policy. It uses if a company has a written policy in location or if an employer has a recognized practice of sharing in a suggestion swimming pool that is consistently applied (even if it’s not jotted down). If the employer has an unwritten but recognized, consistently-applied practice in location, the employer needs to put the policy in writing and post a copy of the policy.

The ESA does not specify the information that should appear in the policy, as long as the is a real copy of the policy that remains in place and plainly states that the company or a director or investor of the company shares in the pointer swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every suggestions sharing policy that is required to be posted for 3 years after the policy stops being in impact.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for employers related to publicly marketed job postings.

Temporary aid firm and employer licensing

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

– Temporary aid companies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or using the services of a momentary assistance company unless the firm holds a licence. (Find out more about the relationship between short-lived help agencies and customers.).

– Employers, prospective companies and other recruiters are forbidden 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 rule that will apply.

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

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

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

– altering the application fee and security requirements for employment entities using both for a momentary assistance agency and employment an employer licence.

The ministry’s licensing webpage has been upgraded to reflect these changes. Please check out that web page for employment information.