Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to offer proof reasonable in the scenarios that they are entitled to sick leave under the ESA.

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

ESA maximum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have actually devoted an offence under the ESA. If founded guilty, a person might be based on a fine or a regard to imprisonment or both.

Since 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 staff member

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

- carries out work for an employer for earnings
- materials services to a company for wages
- receives training from a company, if the skill they're being trained on is an ability used by the company's staff members
- is a homeworker
- was a staff member
On March 21, 2024, the meaning of "training" was broadened to consist of work performed during a trial duration. A staff member now includes a person who carries out work during a trial duration for an employer, if the skills being evaluated throughout the trial duration are skills used by the company's staff members or could be utilized by workers if there are no other staff members. This implies the hours worked throughout the must be counted as work time. Discover more about what counts as work time.

Deductions from earnings

The ESA forbids companies from making reductions from wages when the company had a money shortage, lost residential or commercial property or had home stolen and an individual besides the worker had access to the cash or home.

On March 21, 2024, the ESA was amended to validate that this includes reductions from wages in "dine and rush", "gas and dash" and other comparable situations.

Payment of wages - direct deposit

The ESA requires employers to pay incomes by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to remain in the employee's name and no one other than the employee can have access to the account, unless the worker has actually authorized it.

Effective June 21, 2024, an extra requirement will be in location if the company wants to pay salaries by direct deposit: the account should be selected by the employee. This suggests the staff member must choose which account to utilize and the employer can not limit a worker's section by, for instance, requiring the employee to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a worker has the right to choose the account where their wages are to be deposited. If an employer formerly restricted a worker's account selection - for instance, by requiring them to utilize an account at a particular banks - it is the company's responsibility to verify the employee's selection of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their wages deposited to a different account and, when that happens, the company must make the change.

Vacation pay arrangements

The ESA enables an employer to pay vacation pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, however only with the arrangement of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the employee must make a contract 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 verifies that such arrangements can not be spoken and must be made in composing (including digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities - techniques of payment

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

- cash
- cheque
- direct deposit
If payment is by cash or cheque, the staff member should be paid the tips or other gratuities at the workplace or at some other place consented to digitally or in composing by the employee.

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

The requirement that the employee select the account implies the worker needs to choose which account to utilize, and the company can not limit an employee's selection by, for instance, needing the employee to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee can select the account where their tips are to be transferred. If an employer formerly limited a worker's account selection - for instance, by requiring them to utilize an account at a particular monetary organization - it is the employer's duty to confirm the staff member's selection of their desired account before they make the next payment after June 20, 2024. A worker can likewise alert their company that they desire their pointers transferred to a various account and, when that happens, the company must make the modification.

Tips sharing policy

The ESA permits companies, along with directors and investors of an employer, to share in ideas, if defined requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the company, sharing in a pointer swimming pool, the company will be required to publish a copy of that policy in a clearly visible place in the work environment where it is most likely to come to the attention of employees.

The requirement to publish a policy does not require an employer to develop 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 suggestion swimming pool that is regularly applied (even if it's not written down). If the employer has an unwritten but established, consistently-applied practice in place, the company must put the policy in writing and publish a copy of the policy.

The ESA does not specify the details that needs to appear in the policy, as long as the published document is a real copy of the policy that remains in place and clearly states that the company or a director or investor of the company shares in the tip swimming pool.

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

Job posting requirements

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

Temporary help company and recruiter licensing

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

- Temporary help companies are needed to hold a licence to operate.Clients are forbidden from intentionally engaging or utilizing the services of a short-term aid agency unless the agency holds a licence. (Learn more about the relationship between momentary help firms and customers.).

• Employers, prospective employers and other employers are restricted from knowingly engaging or utilizing the services of any recruiter 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 amended. The modifications consist of:
  
  - Adding a surety bond as a brand-new acceptable kind of security for all applicants,.
  - excusing particular employers from the security requirement under specified conditions,.
  - altering the application cost and security requirements for entities using both for a momentary help agency and job an employer licence.
  The ministry's licensing website has been upgraded to reflect these changes. Please go to that website for information.