Under the Employment Standards Act, 2000 (ESA), employers can need an employee to offer 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 supply a certificate from a qualified health specialist (a medical note). A "certified health professional" is an individual who is qualified to practice as a physician, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.
ESA maximum fines
A prosecution may be begun under Part III of the Provincial Offences Act where a person is thought to have actually committed an offense under the ESA. If founded guilty, a person might be subject to a fine or a regard to jail time or both.
As of 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) defines a worker to consist of a person who:
- carries out work for an employer for incomes
- products services to a company for incomes
- receives training from a company, if the skill they're being trained on is a skill used by the company's employees
- is a homeworker
- was a worker
On March 21, 2024, the significance of "training" was expanded to consist of work performed throughout a trial period. A staff member now consists of a person who carries out work during a trial period for an employer, if the abilities being evaluated throughout the trial duration are skills utilized by the employer's employees or could be used by workers if there are no other employees. This suggests the hours worked during the trial duration need to be counted as work time. Learn more about what counts as work time.
Deductions from salaries
The ESA forbids companies from making deductions from wages when the company had a cash shortage, lost property or had actually residential or commercial property stolen and a person aside from the worker had access to the cash or residential or commercial property.
On March 21, 2024, the ESA was amended to validate that this includes deductions from salaries in "dine and dash", "gas and dash" and other comparable circumstances.
Payment of earnings - direct deposit
The ESA needs employers to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account needs to remain in the staff member's name and no one aside from the worker can have access to the account, unless the staff member has actually licensed it.
Effective June 21, 2024, an extra requirement will remain in place if the company desires to pay earnings by direct deposit: the account must be picked by the employee. This indicates the staff member must decide which account to utilize and the company can not restrict a staff member's area by, for instance, requiring the staff member to use an account at a specific monetary organization.
For payments that are to be made after June 20, 2024, a worker can choose the account where their salaries are to be transferred. If an employer formerly limited an employee's account choice - for instance, by needing them to utilize an account at a specific financial organization - it is the to confirm the worker's selection of their desired account before they make the next payment after June 20, 2024. An employee can likewise alert their company that they desire their earnings deposited to a various account and, when that occurs, the employer must make the modification.
Vacation pay contracts
The ESA enables a company to pay trip pay to an employee on every pay cheque as it builds up or at any agreed-upon time, but just with the arrangement of the worker. Find out more about when to pay holiday pay.
Effective June 21, 2024, the ESA is modified to clarify that the worker must make an agreement 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 validates that such agreements can not be spoken and need to be made in composing (consisting of electronically), consistent with how the ministry imposes the ESA.
Tips or other gratuities - techniques of payment
Beginning June 21, 2024, companies will be required to pay tips or other gratuities by either:
- cash
- cheque
- direct deposit
If payment is by money or cheque, the employee needs to be paid the pointers or other gratuities at the workplace or employment at some other place consented to electronically or in writing by the worker.
If payment is made by direct deposit, the account should 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 actually licensed it.
The requirement that the worker pick the account implies the staff member needs to decide which account to use, and the employer can not limit a worker's choice by, for example, needing the employee to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, an employee has the right to pick the account where their suggestions are to be deposited. If a company formerly restricted a staff member's account selection - for instance, by needing them to use an account at a specific financial organization - it is the employer's obligation to verify the worker's choice of their preferred account before they make the next payment after June 20, 2024. A staff member can also inform their company that they desire their suggestions transferred to a different account and, when that occurs, the employer needs to make the change.
Tips sharing policy
The ESA allows employers, in addition to directors and investors of a company, to share in ideas, if defined requirements are fulfilled.
Effective June 21, 2024, where an employer has a policy about the employer, employment director or investor of the employer, sharing in a tip pool, the company will be required to post a copy of that policy in a clearly visible place in the office where it is likely to come to the attention of employees.
The requirement to publish a policy does not need a company to establish a policy. It uses if an employer has a written policy in place or if a company has an established practice of sharing in an idea pool that is regularly applied (even if it's not made a note of). If the company has an unwritten but recognized, consistently-applied practice in location, 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 published file is a real copy of the policy that is in location 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 required to keep a copy of every pointers sharing policy that is required to be published for three years after the policy stops being in effect.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will come into force that develop new requirements for companies related to openly advertised job posts.
Temporary aid company 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 prohibited from knowingly engaging or using the services of a short-term assistance agency unless the agency holds a licence. (Find out more about the relationship between short-term aid firms and clients.).
- Employers, potential employers and other employers are prohibited from purposefully engaging or using 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 use.
On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was amended. The changes consist of:
- Adding a surety bond as a brand-new acceptable form of security for all applicants,.
- exempting specific employers from the security requirement under defined conditions,.
- altering the application fee and security requirements for entities applying both for a short-lived help company and a recruiter licence.
The ministry's licensing website has been upgraded to show these changes. Please go to that webpage for details.