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Under the Employment Standards Act, 2000 (ESA), employers can require a staff member to supply evidence sensible in the scenarios that they are entitled to sick leave under the ESA.
Effective October 28, 2024, employers can not need workers to provide a certificate from a certified health specialist (a medical note). A « qualified health practitioner » is a person who is qualified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
ESA optimum fines
A prosecution might be started under Part III of the Provincial Offences Act where an individual is believed to have actually devoted an offence under the ESA. If convicted, a person could be based on a fine or a term of jail time or both.
As of October 28, 2024, the optimum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Definition of worker
The Employment Standards Act (ESA) specifies an employee to include an individual who:
– performs work for a company for earnings
– supplies services to an employer for salaries
– receives training from a company, if the ability they’re being trained on is an ability used by the company’s workers
– is a homeworker
– was an employee
On March 21, 2024, the meaning of « training » was broadened to consist of work performed throughout a trial period. A staff member now consists of an individual who carries out work during a trial duration for a company, if the skills being examined throughout the trial duration are skills utilized by the employer’s staff members or could be utilized by employees if there are no other workers. This indicates the hours worked during the trial period must be counted as work time. Learn more about what counts as work time.
Deductions from incomes
The ESA restricts companies from making reductions from earnings when the company had a money shortage, employment lost home or had residential or commercial property stolen and an individual other than the staff member had access to the cash or home.
On March 21, 2024, the ESA was modified to verify that this consists of reductions from salaries in « dine and dash », « gas and dash » and other comparable scenarios.
Payment of earnings – direct deposit
The ESA needs employers to pay wages by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account needs to be in the worker’s name and no one other than the worker can have access to the account, unless the worker has licensed it.
Effective June 21, 2024, an additional requirement will be in location if the employer wishes to pay wages by direct deposit: the account should be selected by the employee. This implies the employee should decide which account to use and the employer can not restrict a staff member’s section by, for instance, requiring the employee to utilize an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker has the right to select the account where their salaries are to be deposited. If a company formerly limited a worker’s account selection – for instance, by needing them to use an account at a specific banks – it is the company’s obligation to verify the worker’s selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they desire their incomes deposited to a various account and, when that happens, the employer must make the change.
Vacation pay contracts
The ESA enables an employer to pay trip pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but just with the agreement of the worker. Learn more about when to pay trip pay.
Effective June 21, 2024, the ESA is modified to clarify that the staff member must make a contract with the employer in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and must be made in composing (including electronically), 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:
– cash
– cheque
– direct deposit
If payment is by money or cheque, the employee must be paid the tips or other gratuities at the workplace or at some other location accepted digitally or in composing by the employee.
If payment is made by direct deposit, the account needs to be selected by the worker and be in the worker’s name. Nobody aside from the employee can have access to the account, unless the staff member has authorized it.
The requirement that the employee select the account means the staff member should choose which account to use, and the company can not restrict a worker’s choice by, for instance, requiring the employee to use an account at a particular banks.
For payments that are to be made after June 20, 2024, a staff member can choose the account where their pointers are to be transferred. If an employer formerly restricted a staff member’s account selection – for instance, by needing them to use an account at a specific financial institution – it is the company’s duty 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 notify their employer that they desire their tips transferred to a different account and, when that takes place, the employer needs to make the modification.
Tips sharing policy
The ESA allows employers, along with directors and shareholders of an employer, to share in ideas, if specified criteria are fulfilled.
Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in a suggestion pool, the employer will be required to publish a copy of that policy in a plainly visible location in the office where it is most likely to come to the attention of employees.
The requirement to publish a policy does not need a company to develop a policy. It uses if an employer has a written policy in location or employment if a company has a recognized practice of sharing in a tip pool that is regularly applied (even if it’s not jotted down). If the company has an unwritten however established, consistently-applied practice in place, the employer should put the policy in writing and post a copy of the policy.
The ESA does not specify the information that should appear in the policy, as long as the posted document is a true copy of the policy that remains in place and clearly mentions that the company or a director or shareholder of the company shares in the suggestion swimming pool.
Effective, June 21, 2024, companies will likewise be required to keep a copy of every suggestions sharing policy that is required to be posted for three years after the policy stops being in impact.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, changes will come into force that develop new requirements for employers related to publicly marketed job posts.
Temporary assistance agency and employer licensing
Beginning on July 1, employment 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid firms are required to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a momentary help agency unless the agency holds a licence. (Learn more about the relationship between momentary help companies and clients.).
– Employers, prospective companies and other recruiters are prohibited 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 a decision is pending, there is a transitional guideline that will apply.
On April 29, 2024, O. Reg. 99/23 – Licensing Help Agencies and Recruiters was changed. The modifications consist of:
– Adding a surety bond as a new acceptable type of security for all applicants,.
– excusing certain employers from the security requirement under defined conditions,.
– altering the application cost and security requirements for entities applying both for a temporary help firm and employment a recruiter licence.
The ministry’s licensing webpage has actually been upgraded to show these changes. Please go to that web page for employment information.