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Under the Employment Standards Act, 2000 (ESA), employers can require a worker to provide proof sensible in the scenarios that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not require employees to offer a certificate from a qualified health professional (a medical note). A « certified health professional » is an individual who is qualified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the employee.

ESA maximum fines

A prosecution may be commenced under Part III of the Provincial Offences Act where a person is believed to have actually dedicated an offense under the ESA. If convicted, an individual could be subject to 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 an employee to include a person who:

– carries out work for an employer for employment incomes

– materials services to an employer for salaries

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

– is a homeworker

– was a staff member

On March 21, 2024, the meaning of « training » was expanded to include work carried out throughout a trial duration. A staff member now consists of an individual who carries out work during a trial duration for an employer, if the abilities being assessed during the trial period are abilities used by the company’s workers or could be used by workers if there are no other employees. This means the hours worked throughout the trial duration should be counted as work time. Find out more about what counts as work time.

Deductions from salaries

The ESA forbids employers from making deductions from wages when the employer had a cash scarcity, lost property or had actually property stolen and a person besides the employee had access to the cash or employment residential or commercial property.

On March 21, 2024, employment the ESA was changed to verify that this includes deductions from incomes in « dine and rush », « gas and dash » and other comparable situations.

Payment of wages – direct deposit

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

Effective June 21, 2024, an extra requirement will be in place if the employer wishes to pay salaries by direct deposit: the account must be picked by the worker. This means the employee must choose which account to use and the employer can not restrict a staff member’s area by, employment for example, requiring the employee to use an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker deserves to select the account where their wages are to be transferred. If an employer previously restricted a worker’s account selection – for instance, by needing them to utilize an account at a specific banks – it is the company’s obligation to confirm the worker’s selection of their preferred account before they make the next payment after June 20, 2024. An employee can also alert their employer that they desire their salaries transferred to a various account and, when that occurs, the company must make the change.

Vacation pay contracts

The ESA allows an employer to pay getaway pay to a worker on every pay cheque as it accumulates or at any agreed-upon time, but only with the arrangement of the staff member. Find out more about when to pay vacation pay.

Effective June 21, 2024, the ESA is modified to clarify that the worker needs to make an arrangement with the company in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be verbal and must be made in composing (consisting of electronically), constant with how the ministry enforces the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, employment the employee needs to be paid the ideas or other gratuities at the work environment or at some other place concurred to digitally or in composing by the employee.

If payment is made by direct deposit, the account needs to be selected by the staff member and remain in the staff member’s name. Nobody other than the staff member can have access to the account, unless the employee has actually authorized it.

The requirement that the worker choose the account implies the worker must choose which account to use, and the company can not restrict a worker’s choice by, for example, requiring the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker can select the account where their pointers are to be deposited. If an employer previously limited a staff member’s account selection – for example, by needing them to use an account at a particular banks – 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. An employee can also notify their employer that they want their tips deposited to a different account and, when that happens, the company must make the modification.

Tips sharing policy

The ESA permits companies, as well as directors and shareholders of an employer, to share in ideas, 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 a pointer swimming pool, the employer will be needed to post a copy of that policy in a plainly visible location in the office where it is most likely to come to the attention of staff members.

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

The ESA does not define the information that should appear in the policy, as long as the published document is a real copy of the policy that is in place and clearly states that the employer or a director or shareholder of the company shares in the tip pool.

Effective, June 21, 2024, employers will also be needed to keep a copy of every ideas sharing policy that is needed to be published 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 enter into force that establish new requirements for companies associated with publicly marketed job postings.

Temporary assistance company and recruiter licensing

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

– Temporary help agencies are needed to hold a licence to operate.Clients are prohibited from knowingly engaging or using the services of a short-term assistance firm unless the company holds a licence. (Learn more about the relationship in between short-lived assistance agencies and clients.).

– Employers, prospective employers and other recruiters are forbidden 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 apply.

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 appropriate form of security for all applicants,.

– exempting certain employers from the security requirement under specified conditions,.

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

The ministry’s licensing website has been upgraded to show these changes. Please go to that webpage for information.