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

Effective October 28, 2024, companies can not require staff members to provide a certificate from a competent health professional (a medical note). A “qualified health practitioner” is an individual who is certified to practice as a doctor, registered nurse or employment psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA optimum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is thought to have devoted an offence under the ESA. If founded guilty, a person could be subject to a fine or a term of imprisonment or both.

Since October 28, 2024, the optimum fine for individuals founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of staff member

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

– performs work for a company for wages

– products services to a company for salaries

– gets training from an employer, if the skill they’re being trained on is a skill used by the company’s workers

– is a homeworker

– was a staff member

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

Deductions from wages

The ESA restricts companies from making deductions from salaries when the employer had a money lack, lost residential or commercial property or had property taken and a person other than the employee had access to the money or employment property.

On March 21, 2024, the ESA was changed to validate that this consists of deductions from salaries in “dine and rush”, “gas and dash” and other similar circumstances.

Payment of earnings – direct deposit

The ESA requires employers to pay wages by money, cheque or employment direct deposit. If the earnings are paid by direct deposit, the account needs to remain in the staff member’s name and no one aside from the employee can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an additional requirement will be in place if the company wishes to pay salaries by direct deposit: the account must be chosen by the staff member. This indicates the staff member needs to decide which account to utilize and the company can not limit a worker’s area by, for instance, needing the worker 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 wages are to be deposited. If a company formerly limited a staff member’s account selection – for instance, by needing them to utilize an account at a particular monetary institution – it is the company’s responsibility to validate the worker’s selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they want their salaries deposited to a different account and, when that happens, the company should make the modification.

Vacation pay contracts

The ESA permits an employer to pay holiday pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, however just with the contract of the worker. Learn more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make an arrangement with the employer in order for the company to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be verbal and must be made in composing (including electronically), consistent with how the ministry imposes the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the staff member must be paid the ideas or other gratuities at the office or at some other location concurred to electronically or in composing by the employee.

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

The requirement that the staff member pick the account suggests the worker must choose which account to utilize, and the company can not limit an employee’s selection by, for instance, needing the employee to use an account at a specific banks.

For payments that are to be made after June 20, 2024, employment a worker can choose the account where their ideas are to be transferred. If a company previously limited an employee’s account selection – for example, by requiring them to utilize an account at a particular banks – it is the employer’s obligation to validate the worker’s selection of their desired account before they make the next payment after June 20, 2024. A worker can also notify their company that they want their pointers deposited to a different account and, when that takes place, the company should make the modification.

Tips sharing policy

The ESA enables employers, in addition to directors and shareholders of an employer, to share in suggestions, if defined criteria are met.

Effective June 21, 2024, where a company has a policy about the employer, director or shareholder of the company, sharing in an idea swimming pool, the company will be needed to publish a copy of that policy in a plainly visible place in the workplace where it is likely to come to the attention of staff members.

The to publish a policy does not require an employer to develop 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 regularly applied (even if it’s not written down). If the company has an unwritten however recognized, employment consistently-applied practice in place, the company needs to put the policy in writing and post a copy of the policy.

The ESA does not specify the information that must appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly specifies that the company or a director or shareholder of the company shares in the pointer swimming pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, employment changes will enter force that develop new requirements for companies associated with openly advertised task postings.

Temporary aid agency and recruiter licensing

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

– Temporary aid firms are required to hold a licence to operate.Clients are prohibited from knowingly engaging or utilizing the services of a short-term assistance company unless the agency holds a licence. (Find out more about the relationship between short-term help companies and clients.).

– Employers, potential employers and other recruiters are prohibited from intentionally engaging or using 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 guideline that will apply.

On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was amended. The modifications include:

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

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

– changing the application fee and security requirements for entities applying both for a short-lived help company and employment an employer licence.

The ministry’s licensing website has been upgraded to reflect these modifications. Please visit that webpage for information.