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

Effective October 28, 2024, employers can not require staff members to offer a certificate from a certified health practitioner (a medical note). A "qualified health professional" is an individual 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 provided to the worker.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually committed an offence under the ESA. If convicted, an individual could be subject to 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:

- performs work for employment an employer for incomes
- supplies services to a company for earnings
- gets training from a company, if the ability they're being trained on is an ability used by the employer's staff members
- is a homeworker
- was an employee
On March 21, 2024, the significance of "training" was expanded to consist of work performed throughout a trial duration. A worker now includes a person who carries out work during a trial duration for a company, if the abilities being assessed throughout the trial period are skills utilized by the employer's workers or could be used by workers if there are no other workers. This implies the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making reductions from wages when the company had a money shortage, lost home or had residential or commercial property taken and an individual besides the worker had access to the cash or property.

On March 21, 2024, the ESA was amended to verify that this consists of deductions from salaries in "dine and rush", "gas and dash" and other similar circumstances.

Payment of wages - direct deposit

The ESA needs companies to pay wages by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account should be in the employee's name and nobody besides the employee can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an extra requirement will be in place if the company desires to pay incomes by direct deposit: the account needs to be picked by the worker. This indicates the employee needs to decide which account to use and the employer can not limit a staff member's area by, for example, requiring the employee to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their wages are to be transferred. If a company previously restricted a worker's account choice - for instance, by needing them to use an account at a specific monetary organization - it is the company's responsibility to confirm the staff member's selection of their wanted account before they make the next payment after June 20, 2024. A worker can likewise inform their company that they desire their wages transferred to a different account and, when that takes place, the employer should make the change.

Vacation pay agreements

The ESA allows an employer to pay getaway pay to a worker on every pay cheque as it builds up or at any agreed-upon time, but only with the agreement of the staff member. Find out more about when to pay trip pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee must 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 validates that such contracts can not be verbal and need to be made in writing (including digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

Beginning June 21, 2024, employers will be needed to pay pointers 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 place accepted digitally or in writing by the employee.

If payment is made by direct deposit, the account should be selected by the staff member and be in the staff member's name. Nobody other than the employee can have access to the account, unless the employee has actually authorized it.

The requirement that the worker pick the account means the employee must choose which account to utilize, and the employer can not limit a staff member's selection by, for example, requiring the employee to utilize an account at a particular financial organization.

For payments that are to be made after June 20, employment 2024, an employee has the right to pick the account where their suggestions are to be deposited. If an employer previously restricted an employee's account selection - for instance, by needing them to utilize an account at a particular banks - it is the employer's duty to verify the staff member's choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they desire their tips transferred to a different account and, when that takes place, the company must make the modification.

Tips sharing policy

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

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

The requirement to post a policy does not require an employer to establish a policy. It applies if an employer has a written policy in place or if an employer has a recognized practice of sharing in a suggestion swimming pool that is consistently applied (even if it's not documented). If the company has an unwritten but established, consistently-applied practice in place, the company must put the policy in writing and publish a copy of the policy.

The ESA does not specify the information that must appear in the policy, as long as the posted file is a true copy of the policy that remains in location and clearly specifies that the company or a director or shareholder of the company shares in the tip swimming pool.

Effective, June 21, 2024, companies will likewise be needed to keep a copy of every tips sharing policy that is needed to be published 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 force that establish brand-new requirements for employers related to task posts.

Temporary assistance firm and recruiter licensing

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

- Temporary assistance firms are required to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a short-lived aid firm unless the agency holds a licence. (Discover more about the relationship between temporary help firms and customers.).

• Employers, prospective companies and other recruiters are restricted from intentionally 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, employment there is a transitional rule that will use.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The modifications include:
  
  - Adding a surety bond as a new appropriate type of security for all candidates,.
  - excusing particular employers from the security requirement under specified conditions,.
  - altering the application cost and security requirements for entities using both for a momentary help firm and a recruiter licence.

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