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

Effective October 28, 2024, companies can not need staff members to supply a certificate from a qualified health practitioner (a medical note). A "certified health practitioner" is a person who is qualified to practise as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is believed to have committed an offense under the ESA. If convicted, an individual might be based on a fine or a term of imprisonment or both.

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

Definition of worker

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

- performs work for a company for wages
- products services to a company for earnings
- receives training from a company, if the ability they're being trained on is a skill used by the employer's staff members
- is a homeworker
- was a staff member
On March 21, 2024, the meaning of "training" was broadened to include work performed throughout a trial period. A worker now consists of a person who carries out work during a trial period for an employer, if the abilities being assessed during the trial period are abilities utilized by the company's workers or could be utilized by staff members if there are no other employees. This indicates the hours worked during the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA prohibits companies from making deductions from incomes when the employer had a money lack, lost home or had actually home taken and an individual besides the worker had access to the cash or home.

On March 21, 2024, the ESA was modified to verify that this consists of deductions from wages in "dine and rush", "gas and dash" and other comparable scenarios.

Payment of wages - direct deposit

The ESA needs companies to pay earnings 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 no one aside from the worker can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an extra requirement will be in place if the company wishes to pay salaries by direct deposit: the account must be chosen by the staff member. This implies the employee must decide which account to utilize and the employer can not limit a worker's area by, for instance, needing the staff member to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to choose the account where their salaries are to be deposited. If an employer previously limited a staff member's account selection - for example, by requiring them to use an account at a particular financial organization - it is the company's duty to verify the staff member's choice of their wanted account before they make the next payment after June 20, 2024. A worker can also alert their company that they desire their wages transferred to a different account and, when that occurs, the company needs to make the modification.

Vacation pay agreements

The ESA permits an employer to pay vacation pay to a worker on every pay cheque as it builds up or at any agreed-upon time, however just with the contract of the employee. Discover more about when to pay vacation pay.

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

Tips or other gratuities - techniques of payment

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

- money
- cheque
- direct deposit
If payment is by money or cheque, the employee needs to be paid the tips or other gratuities at the workplace or at some other location accepted digitally or in composing by the employee.

If payment is made by direct deposit, the account should be picked by the employee and remain in the staff member's name. Nobody besides the staff member can have access to the account, employment unless the staff member has licensed it.

The requirement that the staff member choose the account indicates the worker needs to choose which account to utilize, and the company can not limit a staff member's choice by, for instance, needing the staff member to use an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their ideas are to be deposited. If a company formerly limited a worker's account selection - for example, by needing them to utilize an account at a specific banks - it is the employer'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 likewise inform their company that they desire their tips deposited to a different account and, when that occurs, the company should make the change.

Tips sharing policy

The ESA enables employers, in addition to directors and shareholders of a company, to share in pointers, if defined criteria are satisfied.

Effective June 21, 2024, where a company has a policy about the company, director employment or shareholder of the company, sharing in a suggestion swimming pool, the company will be required to post a copy of that policy in a plainly visible place in the office 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 establish a policy. It applies if a company has a written policy in place or if a company has a recognized practice of sharing in an idea swimming pool that is regularly used (even if it's not documented). If the company has an unwritten however established, consistently-applied practice in location, the company needs to put the policy in composing and publish a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the published file is a real copy of the policy that is in location and clearly mentions that the employer or a director or shareholder of the company shares in the pointer swimming pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will come into force that establish brand-new requirements for employers associated with publicly advertised task posts.

Temporary help firm and employer licensing

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

- Temporary aid firms are required 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. (Discover more about the relationship in between temporary aid agencies and customers.).

• Employers, potential employers and other recruiters are restricted from knowingly engaging or utilizing 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 changed. The changes include:
  
  - Adding a surety bond as a brand-new appropriate form of security for all applicants,.
  - exempting particular employers from the security requirement under specified conditions,.
  - changing the application charge and security requirements for entities applying both for a momentary help company and a recruiter licence.

The ministry's licensing webpage has been upgraded to reflect these modifications. Please visit that webpage for information.