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Under the Employment Standards Act, 2000 (ESA), employers can need a staff member to offer proof reasonable in the scenarios that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not need workers to offer a certificate from a certified health professional (a medical note). A “certified health practitioner” is a person who is certified to practise as a doctor, 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 an individual is thought to have actually devoted an offence under the ESA. If convicted, a person could be subject to a fine or a term of jail time or both.

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

– performs work for an employer for incomes

– products services to an employer for salaries

– gets training from an employer, if the skill they’re being trained on is an ability used by the company’s employees

– is a homeworker

– was a worker

On March 21, 2024, the meaning of “training” was expanded to include work carried out throughout a trial period. An employee now includes a person who performs work throughout a trial duration for a company, if the abilities being assessed throughout the trial duration are skills used by the employer’s workers or could be used by workers if there are no other employees. This suggests the hours worked during the trial period must be counted as work time. Discover more about what counts as work time.

Deductions from wages

The ESA prohibits employers from making reductions from earnings when the company had a money lack, lost property or had property taken and a person other than the employee had access to the cash or home.

On March 21, employment 2024, the ESA was changed to confirm that this consists of reductions from salaries in “dine and dash”, “gas and dash” and other similar situations.

Payment of salaries – direct deposit

The ESA needs companies to pay wages by cash, cheque or direct deposit. If the incomes are paid by direct deposit, the account should remain in the worker’s name and no one other than the staff member can have access to the account, unless the employee has actually licensed it.

Effective June 21, 2024, an extra requirement will be in location if the company wants to pay salaries by direct deposit: the account should be selected by the staff member. This implies the employee needs to decide which account to use and the employer can not limit a staff member’s section by, for example, needing the worker to use an account at a specific financial organization.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their wages are to be deposited. If a company formerly limited a worker’s account selection – for example, by needing them to use an account at a specific monetary organization – it is the employer’s responsibility to confirm the worker’s choice of their wanted account before they make the next payment after June 20, 2024. A staff member can likewise notify their company that they desire their earnings transferred to a different account and, when that takes place, the employer must make the change.

Vacation pay agreements

The ESA allows an employer to pay getaway pay to an employee on every pay cheque as it collects or at any agreed-upon time, employment but just with the agreement of the worker. 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 holiday 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 writing (including digitally), constant with how the ministry imposes the ESA.

Tips or other gratuities – techniques of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the employee should be paid the suggestions 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 should be picked by the worker and remain in the staff member’s name. Nobody aside from the staff member can have access to the account, unless the worker has licensed it.

The requirement that the staff member pick the account suggests the staff member should decide which account to utilize, and the employer can not limit a worker’s selection by, for example, needing the employee to utilize an account at a particular monetary institution.

For payments that are to be made after June 20, 2024, a worker has the right to pick the account where their ideas are to be deposited. If a company formerly limited an employee’s account choice – for instance, by needing them to use an account at a particular monetary organization – it is the employer’s responsibility to validate the worker’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their company that they desire their tips deposited to a different account and, when that happens, the company should make the modification.

Tips sharing policy

The ESA permits employers, along with directors and shareholders of an employer, to share in tips, if defined criteria are fulfilled.

Effective June 21, 2024, where a company has a policy about the company, director or shareholder of the company, sharing in an idea pool, the employer will be needed to post a copy of that policy in a plainly noticeable place in the office where it is most likely to come to the attention of workers.

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 a recognized practice of sharing in an idea pool that is regularly applied (even if it’s not documented). If the company has an unwritten but recognized, consistently-applied practice in location, the employer needs to put the policy in writing and publish a copy of the policy.

The ESA does not define the info that needs to appear in the policy, as long as the posted document is a real copy of the policy that remains in location and employment plainly specifies that the employer or a director or investor of the company shares in the tip swimming pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every ideas sharing policy that is required to be posted 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, amendments will enter into force that develop new requirements for companies related to publicly marketed job posts.

Temporary assistance agency and recruiter licensing

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

– Temporary assistance agencies are required to hold a licence to operate.Clients are prohibited from intentionally engaging or utilizing the services of a short-term assistance agency unless the firm holds a licence. (Learn more about the relationship between momentary help firms and clients.).

– Employers, potential employers and other employers are forbidden from intentionally engaging or utilizing the services of any employer that does not hold a licence.

Where applications are made before July 1, 2024 and a decision is pending, employment 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 consist of:

– Adding a surety bond as a brand-new appropriate form of security for all candidates,.

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

– altering the application fee and security requirements for entities using both for a short-lived assistance company and an employer licence.

The ministry’s licensing webpage has actually been upgraded to reflect these modifications. Please visit that website for information.