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

Effective October 28, 2024, employers can not require workers to provide a certificate from a competent health specialist (a medical note). A “certified health practitioner” is an individual 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 offered to the staff member.

ESA optimum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is thought to have actually dedicated an offense under the ESA. If convicted, an individual might be based on a fine or a term of jail time or both.

As of 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 employee

The Employment Standards Act (ESA) defines a staff member to consist of a person who:

– performs work for an employer for

– products services to an employer for earnings

– receives training from an employer, if the ability they’re being trained on is a skill utilized by the company’s employees

– is a homeworker

– was an employee

On March 21, 2024, the significance of “training” was expanded to consist of work carried out during a trial period. A worker now consists of an individual who performs work throughout a trial period for an employer, if the abilities being examined during the trial duration are abilities used by the employer’s employees or could be used by staff members if there are no other employees. This implies the hours worked throughout the trial period should be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA restricts companies from making deductions from salaries when the company had a cash shortage, lost residential or commercial property or had actually property stolen and an individual besides the staff member had access to the cash or job home.

On March 21, 2024, the ESA was changed to confirm that this includes reductions from incomes in “dine and dash”, “gas and dash” and job other comparable situations.

Payment of salaries – direct deposit

The ESA requires employers to pay wages by money, cheque or direct deposit. If the earnings are paid by direct deposit, the account should remain in the worker’s name and nobody other than 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 location if the company wants to pay wages by direct deposit: the account must be picked by the employee. This implies the employee must choose which account to utilize and the company can not restrict a worker’s section by, for instance, requiring the staff member to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their salaries are to be deposited. If an employer previously limited a worker’s account selection – for example, by needing them to use an account at a particular banks – it is the company’s duty to confirm the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they want their salaries transferred to a different account and, when that happens, the company should make the modification.

Vacation pay arrangements

The ESA permits a company to pay trip pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but only with the contract 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 should make an agreement with the company in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be spoken and need to be made in writing (consisting of electronically), constant with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

Beginning June 21, job 2024, companies will be needed to pay suggestions or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the staff member needs to be paid the ideas or other gratuities at the work environment or at some other location concurred to electronically or in writing by the worker.

If payment is made by direct deposit, the account needs to be chosen by the worker and be in the employee’s name. Nobody aside from the worker can have access to the account, unless the worker has actually licensed it.

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

For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their tips are to be deposited. If a company formerly limited a staff member’s account choice – for instance, by requiring them to utilize an account at a specific financial organization – it is the company’s responsibility to confirm the staff member’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can also notify their company that they want their suggestions deposited to a different account and, when that happens, the employer should make the modification.

Tips sharing policy

The ESA permits companies, as well as directors and shareholders of a company, to share in ideas, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or shareholder of the employer, sharing in a suggestion swimming pool, the company will be needed to post a copy of that policy in a clearly noticeable place in the office where it is likely to come to the attention of workers.

The requirement to publish a policy does not need a company to develop a policy. It uses if an employer has a written policy in place or if an employer has an established practice of sharing in a tip pool that is consistently used (even if it’s not documented). If the company has an unwritten but recognized, consistently-applied practice in place, the company must put the policy in writing and publish a copy of the policy.

The ESA does not define the information that must appear in the policy, as long as the posted file is a real copy of the policy that remains in place and clearly mentions that the employer or a director or investor of the employer shares in the pointer swimming pool.

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

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that develop new requirements for companies connected to publicly advertised job postings.

Temporary help firm and employer licensing

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

– Temporary help companies are required to hold a licence to operate.Clients are restricted from intentionally engaging or using the services of a short-lived aid agency unless the company holds a licence. (Learn more about the relationship in between short-term aid firms and customers.).

– Employers, prospective employers and other recruiters are restricted from purposefully engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a decision 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 include:

– Adding a surety bond as a brand-new appropriate type of security for all candidates,.

– excusing specific recruiters from the security requirement under specified conditions,.

– changing the application cost and security requirements for entities using both for a momentary aid agency and a recruiter licence.

The ministry’s licensing website has been updated to show these changes. Please go to that web page for information.