Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide evidence affordable in the situations that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need staff members to provide a certificate from a competent health specialist (a medical note). A "certified health specialist" is a person who is qualified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is thought to have committed an offense under the ESA. If founded guilty, 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 increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) defines a worker to consist of an individual who:

- performs work for an employer for wages
- products services to an employer for salaries
- receives training from a company, if the ability they're being trained on is a skill used by the company's staff members
- is a homeworker
- was an employee
On March 21, 2024, the meaning of "training" was expanded to consist of work performed throughout a trial period. An employee now consists of an individual who carries out work throughout a trial duration for an employer, if the abilities being evaluated throughout the trial period are abilities utilized by the employer's employees or could be used by employees if there are no other employees. This implies the hours worked throughout the trial duration need to be counted as work time. Find out more about what counts as work time.

Deductions from wages

The ESA restricts companies from making deductions from incomes when the employer had a money shortage, lost residential or commercial property or had residential or commercial property stolen and a person aside from the staff member had access to the money or residential or commercial property.

On March 21, 2024, the ESA was to validate that this consists of deductions from incomes in "dine and rush", "gas and dash" and other similar scenarios.

Payment of earnings - direct deposit

The ESA needs employers to pay salaries by money, cheque or direct deposit. If the earnings are paid by direct deposit, trademarketclassifieds.com the account needs to remain in the worker's name and nobody aside from the staff member can have access to the account, unless the staff member has licensed it.

Effective June 21, 2024, an extra requirement will remain in place if the employer wishes to pay wages by direct deposit: the account needs to be chosen by the worker. This means the worker must decide which account to use and the employer can not limit an employee's area by, for example, needing the employee to use an account at a particular financial institution.

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their incomes are to be transferred. If an employer previously limited 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 choice of their preferred account before they make the next payment after June 20, 2024. A worker can also notify their company that they want their earnings transferred to a different account and, when that occurs, the employer needs to make the change.

Vacation pay agreements

The ESA enables an employer to pay trip pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, but just with the contract of the employee. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the employee should make an agreement with the employer in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This validates that such agreements can not be spoken and need to be made in writing (including electronically), consistent with how the ministry enforces the ESA.

Tips or other gratuities - methods of payment

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

- money
- cheque
- direct deposit
If payment is by cash or cheque, the worker should be paid the ideas or other gratuities at the workplace or at some other location consented to electronically or in writing by the worker.

If payment is made by direct deposit, the account should be chosen by the employee and remain in the worker's name. Nobody besides the worker can have access to the account, unless the worker has actually authorized it.

The requirement that the worker select the account indicates the worker should choose which account to use, and the employer can not limit a staff member's choice by, for instance, requiring the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, an employee has the right to choose the account where their tips are to be transferred. If an employer previously limited a worker's account selection - for instance, by requiring them to use an account at a specific monetary institution - it is the employer's responsibility to confirm the staff member's selection of their desired account before they make the next payment after June 20, 2024. An employee can also notify their employer that they desire their pointers transferred to a different account and, when that occurs, the employer should make the change.

Tips sharing policy

The ESA permits companies, along with directors and shareholders of a company, to share in ideas, if defined criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the employer, sharing in a suggestion swimming pool, the company will be needed to publish a copy of that policy in a plainly noticeable location 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 an employer to establish a policy. It applies if an employer has a written policy in location or if an employer has a recognized practice of sharing in a suggestion pool that is regularly 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 must put the policy in composing and publish a copy of the policy.

The ESA does not specify the information that should appear in the policy, as long as the published file is a true copy of the policy that remains in place and clearly mentions that the company or a director or investor of the employer shares in the idea pool.

Effective, June 21, 2024, employers will also be required to keep a copy of every suggestions 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 into force that develop brand-new requirements for employers connected to publicly advertised job postings.

Temporary aid firm and employer licensing

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

- Temporary help firms are required to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a short-lived help company unless the agency holds a licence. (Find out more about the relationship in between momentary help companies and customers.).

• Employers, potential companies and other recruiters are restricted from purposefully 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 use.
  
  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 applicants,.
  - exempting particular employers from the security requirement under specified conditions,.
  - changing the application fee and security requirements for entities using both for a momentary aid company and an employer licence.

The ministry's licensing webpage has been upgraded to show these changes. Please visit that web page for details.