Under the Employment Standards Act, 2000 (ESA), companies can require a worker to supply evidence affordable in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, employers can not need staff members to provide a certificate from a competent health practitioner (a medical note). A "competent health practitioner" is a person who is certified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.

ESA optimum fines

A prosecution might be begun under Part III of the Provincial Offences Act where a person is thought to have dedicated an offence under the ESA. If founded guilty, an individual could be subject to a fine or a regard to jail time or both.

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

Definition of worker

The Employment Standards Act (ESA) specifies a staff member to include a person who:

- carries out work for an employer for earnings
- supplies services to an employer for salaries
- 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 broadened to consist of work performed during a trial duration. A staff member now consists of an individual who carries out work throughout a trial duration for an employer, if the abilities being examined during the trial period are skills utilized by the employer's staff members or might be utilized by employees if there are no other employees. This implies the hours worked throughout the trial period should be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making deductions from salaries when the company had a money shortage, lost home or had actually home taken and an individual other than the worker had access to the money or property.

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

Payment of earnings - direct deposit

The ESA requires companies to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the employee'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 additional requirement will remain in place if the company wishes to pay incomes by direct deposit: the account should be picked by the staff member. This implies the worker should choose which account to use and the company can not restrict a worker's area by, for instance, requiring the worker to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker can select the account where their earnings are to be deposited. If a company previously limited a worker's account selection - for instance, by requiring them to use an account at a particular banks - it is the employer's responsibility to verify the worker's choice of their desired account before they make the next payment after June 20, 2024. A staff member can likewise alert their employer that they desire their salaries deposited to a various account and, when that happens, the company should make the modification.

Vacation pay agreements

The ESA enables a company to pay holiday pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however just with the agreement of the staff member. Learn more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member must make an arrangement 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 agreements can not be verbal and should be made in composing (including electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities - approaches of payment

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

- money
- cheque
- direct deposit
If payment is by money or cheque, the worker needs to 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 employee and remain in the worker's name. Nobody other than the worker can have access to the account, unless the employee has actually authorized it.

The requirement that the staff member pick the account means the worker must decide which account to utilize, and the company can not limit a worker's choice by, for example, requiring the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, an employee deserves to pick the account where their tips are to be deposited. If an employer previously restricted an employee's account selection - for example, by needing them to use an account at a specific financial institution - it is the company's duty to validate the staff member's selection of their preferred account before they make the next payment after June 20, employment 2024. A staff member can likewise alert their employer that they desire their suggestions deposited to a different account and, when that takes place, the employer needs to make the change.

Tips sharing policy

The ESA allows companies, along with directors and investors of a company, to share in tips, if specified requirements are met.

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 employer will be required to post a copy of that policy in a plainly visible place in the work environment where it is most likely to come to the attention of workers.

The requirement to publish a policy does not need an employer to establish a policy. It uses if an employer has a written policy in location or if an employer has an established practice of sharing in a pointer swimming pool that is consistently applied (even if it's not made a note of). If the employer has an unwritten but recognized, consistently-applied practice in place, the employer needs to put the policy in writing and publish a copy of the policy.

The ESA does not define the info that must appear in the policy, as long as the posted file is a true copy of the policy that remains in place and plainly specifies that the employer or a director or investor of the company shares in the tip pool.

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

Job publishing requirements

On a date to be set by of the Lieutenant Governor, amendments will enter force that establish new requirements for employers connected to openly advertised job postings.

Temporary assistance company and recruiter licensing

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

- Temporary aid agencies are required to hold a licence to operate.Clients are restricted from purposefully engaging or utilizing the services of a temporary assistance agency unless the company holds a licence. (Discover more about the relationship in between momentary aid agencies and customers.).

• Employers, prospective employers and other recruiters are restricted from intentionally engaging or using 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 modified. The modifications include:
  
  - Adding a surety bond as a new appropriate form of security for all candidates,.
  - excusing specific recruiters from the security requirement under defined conditions,.
  - changing the application fee and security requirements for entities using both for a momentary aid agency and an employer licence.

The ministry's licensing website has been updated to show these modifications. Please visit that web page for details.