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

Effective October 28, 2024, employers can not require staff members to offer a certificate from a certified health professional (a medical note). A “certified health specialist” is an individual who is certified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the worker.

ESA maximum fines

A prosecution might be started under Part III of the Provincial Offences Act where a person is thought to have actually committed an offense under the ESA. If convicted, employment an individual might be based on a fine or a regard to jail time or both.

Since October 28, 2024, the maximum fine for people founded guilty of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) defines a worker to include an individual who:

– carries out work for a company for salaries

– products services to a company for incomes

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

– is a homeworker

– was a staff member

On March 21, 2024, the significance of “training” was expanded to consist of work performed throughout a trial period. A worker now includes a person who performs work during a trial period for a company, if the skills being evaluated throughout the trial period are abilities used by the company’s staff members or could be utilized by staff members if there are no other staff members. This suggests the hours worked during the trial period need to be counted as work time. Discover more about what counts as work time.

Deductions from incomes

The ESA prohibits companies from making deductions from wages when the company had a cash scarcity, lost residential or commercial property or had actually property stolen and an individual other than the staff member had access to the cash or home.

On March 21, 2024, the ESA was amended to verify that this includes deductions from wages in “dine and dash”, “gas and dash” and other similar situations.

Payment of earnings – direct deposit

The ESA requires companies to pay incomes by cash, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the worker’s name and nobody other than the staff member can have access to the account, unless the employee has authorized it.

Effective June 21, 2024, an additional requirement will remain in place if the employer wishes to pay incomes by direct deposit: the account should be picked by the employee. This means the employee should decide which account to use and the company can not restrict a staff member’s section by, for instance, employment requiring the staff member to use an account at a specific banks.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their incomes are to be transferred. If an employer previously restricted an employee’s account choice – for instance, by requiring them to utilize an account at a specific banks – it is the company’s obligation to validate the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise inform their employer that they want their earnings transferred to a various account and, when that occurs, the company must make the modification.

Vacation pay contracts

The ESA enables 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 just with the arrangement of the employee. Find out more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make an agreement with the employer in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This verifies that such arrangements can not be verbal and need to be made in composing (consisting of digitally), constant with how the ministry imposes the ESA.

Tips or other gratuities – approaches of payment

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

– cash

– cheque

– direct deposit

If payment is by money or cheque, the worker should be paid the tips or employment other gratuities at the workplace or at some other location consented to electronically or in writing by the staff member.

If payment is made by direct deposit, the account should be picked by the staff member and remain in the employee’s name. Nobody besides the worker can have access to the account, unless the staff member has authorized it.

The requirement that the employee choose the account implies the staff member should choose which account to use, and the company can not limit an employee’s choice by, for instance, needing the employee to utilize an account at a particular banks.

For payments that are to be made after June 20, 2024, a worker deserves to choose the account where their suggestions are to be deposited. If an employer formerly limited a staff member’s account choice – for employment instance, by needing them to utilize an account at a particular banks – it is the company’s responsibility to validate the employee’s selection of their preferred account before they make the next payment after June 20, 2024. A worker can also inform their employer that they desire their pointers deposited to a various account and, when that occurs, the employer needs to make the modification.

Tips sharing policy

The ESA enables employers, along with directors and investors of a company, to share in pointers, if specified criteria are met.

Effective June 21, 2024, where an employer has a policy about the company, director or shareholder of the company, sharing in an idea pool, the company will be needed to post 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 post a policy does not require a company to establish a policy. It uses if a company has a written policy in place or if a company has a recognized practice of sharing in a suggestion pool that is regularly used (even if it’s not jotted down). If the company has an unwritten but recognized, consistently-applied practice in place, the company needs to put the policy in writing and publish a copy of the policy.

The ESA does not specify the details that must appear in the policy, as long as the posted document is a true copy of the policy that is in place and clearly specifies that the company or a director or investor of the employer shares in the pointer swimming pool.

Effective, June 21, 2024, employers will likewise be needed to keep a copy of every tips sharing policy that is needed to be posted for 3 years after the policy stops being in effect.

Job publishing requirements

On a date to be set by pronouncement of the Lieutenant Governor, changes will enter force that establish brand-new requirements for companies related to publicly advertised task postings.

Temporary assistance agency and employer licensing

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

– Temporary assistance firms are required to hold a licence to operate.Clients are prohibited from intentionally engaging or using the services of a momentary aid firm unless the company holds a licence. (Learn more about the relationship in between momentary assistance companies and customers.).

– Employers, potential companies and other recruiters are prohibited from knowingly engaging or utilizing the services of any recruiter 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 changes include:

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

– excusing certain recruiters from the security requirement under defined conditions,.

– changing the application cost and security requirements for entities applying both for a temporary assistance company and an employer licence.

The ministry’s licensing web page has actually been upgraded to reflect these changes. Please go to that webpage for information.