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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply evidence sensible in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, companies can not need workers to offer a certificate from a competent health specialist (a medical note). A « qualified health professional » is a person 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 staff member.

ESA optimum fines

A prosecution might be commenced under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offence under the ESA. If convicted, 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 a staff member to consist of a person who:

– performs work for a company for incomes

– supplies services to a company for incomes

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

– is a homeworker

– was a worker

On March 21, 2024, the significance of « training » was broadened to include work performed throughout a trial duration. A worker now consists of an individual who carries out work throughout a trial period for an employer, if the skills being examined throughout the trial duration are abilities used by the employer’s workers or could be utilized by staff members if there are no other employees. This means 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 prohibits employers from making reductions from earnings when the company had a money scarcity, lost home or had property stolen and a person aside from the staff member had access to the money or property.

On March 21, 2024, the ESA was amended to validate that this includes reductions from incomes in « dine and rush », « gas and dash » and other similar situations.

Payment of incomes – direct deposit

The ESA requires employers to pay earnings by money, cheque or . If the earnings are paid by direct deposit, the account needs to remain in the worker’s name and nobody aside from the staff member can have access to the account, unless the worker has actually licensed it.

Effective June 21, 2024, an extra requirement will be in location if the employer wishes to pay earnings by direct deposit: the account should be picked by the employee. This means the staff member must decide which account to utilize and the employer can not limit a staff member’s area by, for instance, needing the staff member to use an account at a particular banks.

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

Vacation pay contracts

The ESA allows an employer to pay trip pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, however only with the arrangement of the employee. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the employee must make a contract with the employer in order for the employer to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This validates that such contracts can not be verbal and need to 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 required to pay ideas or other gratuities by either:

– cash

– cheque

– direct deposit

If payment is by cash or cheque, the employee needs to be paid the suggestions or other gratuities at the office or at some other location concurred to digitally or in composing by the worker.

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

The requirement that the employee choose the account implies the worker needs to choose which account to use, and the company can not limit an employee’s choice by, for example, needing the staff member to use 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 ideas are to be deposited. If an employer formerly restricted a staff member’s account choice – for example, by requiring them to utilize an account at a specific monetary organization – it is the company’s responsibility to verify the staff member’s choice of their desired account before they make the next payment after June 20, 2024. An employee can likewise notify their employer that they want their pointers transferred to a various account and, when that takes place, the employer must make the modification.

Tips sharing policy

The ESA permits companies, in addition to directors and investors of an employer, to share in tips, 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 pointer swimming pool, the company will be needed to publish a copy of that policy in a clearly noticeable location in the workplace where it is most likely to come to the attention of staff members.

The requirement to publish a policy does not require an employer to establish a policy. It applies if a company has a written policy in location or if a company has a recognized practice of sharing in a suggestion pool that is consistently applied (even if it’s not jotted down). If the employer has an unwritten but established, consistently-applied practice in place, the employer must 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 file is a true copy of the policy that is in place and plainly specifies that the company or a director or shareholder of the employer shares in the tip pool.

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

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that establish new requirements for employers connected to publicly advertised job posts.

Temporary aid agency and recruiter licensing

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

– Temporary aid agencies are needed to hold a licence to operate.Clients are forbidden from purposefully engaging or employment using the services of a short-lived aid firm unless the firm holds a licence. (Find out more about the relationship in between temporary aid firms and clients.).

– Employers, prospective employers and other employers are restricted 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 guideline that will use.

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

– Adding a surety bond as a new appropriate type of security for all applicants,.

– exempting specific employers from the security requirement under defined conditions,.

– changing the application cost and security requirements for entities using both for a short-term aid agency and a recruiter licence.

The ministry’s licensing web page has been upgraded to reflect these modifications. Please visit that web page for employment details.