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Under the Employment Standards Act, 2000 (ESA), companies can need a worker to offer proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need workers to supply a certificate from a certified health specialist (a medical note). A « certified health practitioner » is a person 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 supplied to the worker.

ESA optimum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is believed to have committed an offense under the ESA. If convicted, a person could be subject to a fine or a regard to jail time or both.

Since October 28, 2024, the maximum fine for individuals 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:

– performs work for a company for wages

– materials services to an employer for salaries

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

– is a homeworker

– was an employee

On March 21, 2024, the significance of « training » was expanded to include work performed during a trial period. A staff member now includes a person who performs work throughout a trial duration for an employer, if the skills being assessed throughout the trial duration are abilities utilized by the company’s employees or might be utilized by employees if there are no other workers. This indicates the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA restricts companies from making deductions from incomes when the company had a money shortage, lost home or had property stolen and an individual aside from the staff member had access to the cash or home.

On March 21, 2024, the ESA was modified to confirm that this consists of reductions from wages in « dine and rush », « gas and dash » and other similar circumstances.

Payment of salaries – direct deposit

The ESA requires employers to pay salaries by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to be in the staff member’s name and no one besides the employee can have access to the account, unless the staff member has actually authorized it.

Effective June 21, 2024, an extra requirement will be in place if the company desires to pay earnings by direct deposit: the account needs to be selected by the worker. This implies the worker should choose which account to use and the employer can not restrict a worker’s area by, for example, requiring the worker to utilize an account at a specific financial institution.

For payments that are to be made after June 20, 2024, a staff member has the right to pick the account where their wages are to be transferred. If a company previously limited a staff member’s account selection – for example, by requiring them to use an account at a specific banks – it is the company’s responsibility to verify the employee’s choice of their desired account before they make the next payment after June 20, 2024. An employee can also inform their company that they desire their earnings transferred to a various account and, when that occurs, the employer should make the change.

Vacation pay agreements

The ESA allows an employer to pay vacation pay to an employee on every pay cheque as it collects or at any agreed-upon time, but only with the contract of the staff member. Find out more about when to pay holiday pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee should make an agreement with the employer in order for the employer to be able to pay trip pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and employment need to be made in composing (including digitally), consistent with how the ministry implements the ESA.

Tips or other gratuities – methods of payment

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

– money

– cheque

– direct deposit

If payment is by money or cheque, the staff member must be paid the tips or other gratuities at the office or at some other place agreed to digitally or in composing by the worker.

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

The requirement that the worker select the account indicates the employee must choose which account to use, and the employer can not limit a staff member’s choice by, for instance, requiring the employee to utilize an account at a specific financial organization.

For employment payments that are to be made after June 20, 2024, a staff member deserves to pick the account where their ideas are to be transferred. If a company formerly limited a worker’s account selection – for example, by needing them to use an account at a specific monetary institution – it is the employer’s obligation to confirm the staff member’s choice of their wanted account before they make the next payment after June 20, 2024. An employee can also alert their employer that they want their ideas transferred to a different account and, when that takes place, the company must make the modification.

Tips sharing policy

The ESA enables companies, as well as directors and shareholders of an employer, to share in suggestions, if defined criteria are fulfilled.

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

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

The ESA does not define the details that should appear in the policy, as long as the posted file is a true copy of the policy that remains in location and plainly mentions that the employer or a director or investor of the employer shares in the tip pool.

Effective, employment June 21, 2024, companies will also be needed to keep a copy of every tips sharing policy that is needed to be posted 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, amendments will enter into force that establish new requirements for employers connected to openly marketed job postings.

Temporary aid agency and employer licensing

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

– Temporary help firms are needed to hold a licence to operate.Clients are forbidden from knowingly engaging or using the services of a momentary assistance firm unless the agency holds a licence. (Learn more about the relationship between short-lived aid firms and clients.).

– Employers, potential employers and other recruiters are prohibited from purposefully 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 rule that will use.

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

a surety bond as a new acceptable kind of security for all applicants,.

– excusing particular employers from the security requirement under defined conditions,.

– altering the application charge and security requirements for entities using both for a short-lived help agency and an employer licence.

The ministry’s licensing web page has been upgraded to show these modifications. Please go to that webpage for details.