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

Effective October 28, 2024, employers can not require employees to offer a certificate from a competent health specialist (a medical note). A "qualified health specialist" is a person who is certified to practice as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where a person is believed to have actually devoted an offense under the ESA. If founded guilty, a person might be subject to a fine or a regard to imprisonment or both.

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

Definition of worker

The Employment Standards Act (ESA) specifies an employee to include an individual who:

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

Deductions from salaries

The ESA forbids employers from making deductions from salaries when the company had a money shortage, lost property or had property taken and a person besides the worker had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was changed to confirm that this includes deductions from earnings in "dine and dash", "gas and dash" and other comparable circumstances.

Payment of salaries - direct deposit

The ESA requires employers to pay earnings by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account must be in the worker's name and nobody aside from the employee can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an additional requirement will be in location if the employer wishes to pay wages by direct deposit: the account must be picked by the staff member. This indicates the worker needs to decide which account to use and the employer can not limit a staff member's area by, for example, needing the worker to utilize an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a staff member can select the account where their incomes are to be deposited. If a company previously restricted an employee's account selection - for example, by needing them to use an account at a particular banks - it is the employer's duty to verify the worker's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their employer that they want their incomes transferred to a different account and, when that takes place, the company needs to make the modification.

Vacation pay arrangements

The ESA allows a company to pay holiday pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but just with the agreement of the worker. Discover more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must make an agreement with the company in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and need to be made in composing (including digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities - methods 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 staff member should be paid the ideas or other gratuities at the workplace or at some other place accepted electronically or in writing by the staff member.

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

The requirement that the staff member select the account means the employee needs to choose which account to utilize, and the company can not restrict a worker's selection by, for instance, requiring the employee to use an account at a particular financial organization.

For payments that are to be made after June 20, 2024, a staff member can choose the account where their ideas are to be transferred. If a company formerly restricted a staff member's account choice - for example, by requiring them to utilize an account at a specific monetary institution - it is the company's duty to confirm the employee's choice of their preferred account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they desire their ideas transferred to a various account and, when that occurs, the employer must make the change.

Tips sharing policy

The ESA allows employers, along with directors and shareholders of an employer, to share in suggestions, if defined requirements are met.

Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in a suggestion pool, the employer will be required to post a copy of that policy in a clearly noticeable place in the workplace where it is likely to come to the attention of employees.

The requirement to post a policy does not require a company to establish a policy. It uses if an employer has a written policy in location or if a company has an established practice of sharing in an idea swimming pool that is regularly used (even if it's not documented). If the employer has an unwritten however recognized, consistently-applied practice in place, the company needs to put the policy in composing and post a copy of the policy.

The ESA does not define the details that should appear in the policy, as long as the posted document is a real copy of the policy that remains in location and clearly specifies that the employer or a director or investor of the company shares in the pointer pool.

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

Job posting requirements

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

Temporary help company and employer licensing

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

- Temporary assistance firms are needed to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a temporary assistance company unless the company holds a licence. (Learn more about the relationship between short-lived help companies 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 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 changes consist of:
  
  - Adding a surety bond as a new appropriate form of security for all candidates,.
  - excusing certain employers from the security requirement under specified conditions,.
  - altering the application cost and security requirements for entities using both for a short-term aid company and an employer licence.

The ministry's licensing webpage has been updated to show these modifications. Please go to that webpage for details.