Under the Employment Standards Act, 2000 (ESA), employers can require a worker to supply proof reasonable in the situations that they are entitled to ill leave under the ESA.
Effective October 28, 2024, companies can not require staff members to offer a certificate from a qualified health practitioner (a medical note). A "qualified health specialist" is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.
ESA maximum fines
A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is thought to have committed an offense under the ESA. If founded guilty, a person might be based on a fine or a term of imprisonment or both.
As of October 28, 2024, the maximum 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 a worker to include a person who:
- carries out work for a company for incomes
- supplies services to an employer for earnings
- receives training from a company, job if the skill they're being trained on is a skill utilized by the employer's staff members
- is a homeworker
- was a staff member
On March 21, 2024, the meaning of "training" was expanded to consist of work carried out throughout a trial period. A staff member now consists of a person who carries out work throughout a trial duration for an employer, if the skills being assessed during the trial duration are abilities utilized by the employer's employees or might be used by employees if there are no other employees. This suggests the hours worked during the trial period need to be counted as work time. Find out more about what counts as work time.
Deductions from earnings
The ESA forbids companies from making deductions from earnings when the company had a cash scarcity, lost home or job had residential or commercial property stolen and a person aside from the worker had access to the money or residential or commercial property.
On March 21, 2024, the ESA was changed to validate that this includes deductions from wages in "dine and rush", "gas and dash" and other similar scenarios.
Payment of incomes - direct deposit
The ESA requires companies to pay incomes by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to remain in the staff member's name and no one besides the worker can have access to the account, unless the staff member has licensed it.
Effective June 21, 2024, an extra requirement will remain in place if the employer desires to pay earnings by direct deposit: the account should be picked by the staff member. This indicates the staff member should decide which account to utilize and the company can not restrict an employee's area by, for instance, needing the staff member to use an account at a specific financial institution.
For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their earnings are to be deposited. If a company formerly limited a staff member's account selection - for example, job by requiring them to utilize an account at a specific banks - it is the company's responsibility to confirm the worker's selection of their wanted account before they make the next payment after June 20, 2024. A worker can also alert their company that they want their incomes transferred to a various account and, when that happens, the company must make the change.
Vacation pay arrangements
The ESA permits a company to pay getaway pay to a staff member on every pay cheque as it builds up or at any agreed-upon time, but only with the arrangement of the employee. Find out more about when to pay getaway pay.
Effective June 21, 2024, the ESA is modified to clarify that the employee needs to make an arrangement with the company in order for the employer to be able to pay holiday pay on every pay cheque or at an agreed-upon time. This confirms that such contracts can not be spoken and need to be made in writing (consisting of digitally), constant with how the ministry implements the ESA.
Tips or other gratuities - methods of payment
Beginning June 21, 2024, companies will be required to pay pointers or other gratuities by either:
- cash
- cheque
- direct deposit
If payment is by cash or cheque, the employee must be paid the ideas or other gratuities at the office or at some other location accepted digitally or in composing by the worker.
If payment is made by direct deposit, the account must be selected by the worker and remain in the staff member's name. Nobody aside from the employee can have access to the account, unless the worker has actually authorized it.
The requirement that the employee choose the account means the staff member must decide which account to utilize, and the company can not limit a worker's selection by, for example, requiring the worker to utilize an account at a specific financial organization.
For job payments that are to be made after June 20, 2024, a worker has the right to select the account where their tips are to be transferred. If an employer previously limited an employee's account selection - for example, by requiring them to utilize an account at a specific monetary organization - it is the company's obligation to confirm the staff member's selection of their preferred account before they make the next payment after June 20, 2024. A worker can likewise notify their company that they desire their pointers deposited to a different account and, when that takes place, the employer needs to make the modification.
Tips sharing policy
The ESA allows companies, along with directors and shareholders of a company, to share in ideas, if defined requirements are met.
Effective June 21, 2024, where a company has a policy about the company, director or investor of the employer, sharing in an idea swimming pool, the company will be needed to post a copy of that policy in a clearly noticeable place in the office where it is most likely to come to the attention of employees.
The requirement to post a policy does not need a company to develop a policy. It uses if a company has a written policy in place or if a company has an established practice of sharing in a pointer pool that is regularly applied (even if it's not jotted down). If the employer has an unwritten however recognized, consistently-applied practice in place, the company needs to put the policy in composing and job post a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the published file is a true copy of the policy that is in location and plainly states that the company or a director or shareholder of the company shares in the pointer swimming pool.
Effective, June 21, 2024, employers will likewise 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 result.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that develop new requirements for companies associated with publicly marketed job posts.
Temporary help agency and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
- Temporary aid agencies are required to hold a licence to are forbidden from knowingly engaging or using the services of a short-lived aid agency unless the company holds a licence. (Discover more about the relationship in between short-term help companies and clients.).
- Employers, potential companies and other employers 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 choice 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 consist of:
- Adding a surety bond as a new appropriate form of security for all candidates,.
- excusing specific employers from the security requirement under defined conditions,.
- altering the application fee and security requirements for entities using both for a temporary assistance firm and an employer licence.
The ministry's licensing webpage has been upgraded to reflect these modifications. Please check out that webpage for details.