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Under the Employment Standards Act, 2000 (ESA), companies can need an employee to offer evidence reasonable in the situations that they are entitled to ill leave under the ESA.

Effective October 28, 2024, companies can not need staff members to supply a certificate from a competent health practitioner (a medical note). A « qualified health professional » is an individual who is certified 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 staff member.

ESA optimum fines

A prosecution might be started under Part III of the Provincial Offences Act where a person is believed to have devoted an offense under the ESA. If founded guilty, an individual could be based on a fine or a term of imprisonment or both.

Since October 28, 2024, the maximum fine for people founded guilty 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 a person who:

– performs work for a company for salaries

– supplies services to an employer for salaries

– gets training from an employer, if the ability they’re being trained on is an ability utilized by the employer’s staff members

– is a homeworker

– was a staff member

On March 21, 2024, the significance of « training » was expanded to consist of work carried out during a trial duration. An employee now includes an individual who performs work during a trial period for an employer, if the skills being assessed throughout the trial duration are abilities used by the company’s employees or might be used by employees if there are no other staff members. This indicates the hours worked throughout the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA restricts employers from making reductions from wages when the employer had a cash scarcity, job lost home or had home taken and an individual aside from the employee had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was amended to validate that this includes reductions from salaries in « dine and rush », « gas and dash » and other similar circumstances.

Payment of earnings – direct deposit

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

Effective June 21, 2024, an additional requirement will be in location if the company wishes to pay salaries by direct deposit: the account should be selected by the employee. This indicates the employee should decide which account to use and the employer can not restrict a staff member’s area by, for instance, requiring the worker to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their earnings are to be deposited. If a company previously restricted an employee’s account choice – for instance, by needing them to use an account at a particular banks – it is the company’s obligation to validate the worker’s selection of their desired account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they want their incomes transferred to a various account and, when that occurs, the company needs to make the change.

Vacation pay agreements

The ESA permits an employer to pay vacation pay to a worker on every pay cheque as it or at any agreed-upon time, but just with the agreement of the employee. Discover more about when to pay trip pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee should make an arrangement with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be verbal and should be made in composing (consisting of digitally), constant with how the ministry imposes the ESA.

Tips or job other gratuities – techniques of payment

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

– money

– cheque

– direct deposit

If payment is by cash or cheque, the employee needs to be paid the suggestions or other gratuities at the work environment or at some other location accepted electronically or in writing by the employee.

If payment is made by direct deposit, the account needs to be picked by the employee and remain in the staff member’s name. Nobody aside from the worker can have access to the account, unless the staff member has authorized it.

The requirement that the staff member select the account suggests the staff member needs to choose which account to use, and the company can not limit a worker’s selection by, for example, requiring the worker to use an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, an employee has the right to select the account where their suggestions are to be deposited. If a company formerly limited a staff member’s account selection – for example, by needing them to use an account at a specific financial institution – it is the company’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 tips deposited to a different account and, when that occurs, the company must make the change.

Tips sharing policy

The ESA allows employers, in addition to directors and investors of a company, to share in suggestions, if defined criteria are fulfilled.

Effective June 21, 2024, where an employer has a policy about the company, director or investor of the company, sharing in a tip pool, the company will be needed to post a copy of that policy in a clearly noticeable location in the work environment where it is most likely to come to the attention of employees.

The requirement to post a policy does not require a company to establish a policy. It applies if an employer has a written policy in place or if an employer has an established practice of sharing in a pointer swimming pool that is consistently used (even if it’s not made a note of). If the company has an unwritten however recognized, consistently-applied practice in place, the company should put the policy in writing and publish a copy of the policy.

The ESA does not specify the information that must appear in the policy, as long as the published file is a real copy of the policy that is in place and clearly specifies that the employer or job a director or investor of the company shares in the pointer pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter into force that establish brand-new requirements for companies associated with openly advertised job posts.

Temporary assistance agency and employer licensing

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

– Temporary assistance companies are required to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a short-term help firm unless the firm holds a licence. (Discover more about the relationship between momentary help agencies and job customers.).

– Employers, potential companies and other employers 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 job 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 modified. The changes include:

– Adding a surety bond as a brand-new acceptable form of security for all applicants,.

– exempting certain recruiters from the security requirement under defined conditions,.

– altering the application cost and security requirements for entities applying both for a temporary assistance agency and an employer licence.

The ministry’s licensing web page has actually been updated to show these modifications. Please check out that webpage for information.