Under the Employment Standards Act, 2000 (ESA), companies can require an employee to supply proof reasonable in the circumstances that they are entitled to authorized leave under the ESA.

Effective October 28, 2024, employers can not need staff members to supply a certificate from a competent health specialist (a medical note). A "qualified health specialist" is a person who is certified to practice as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the employee.

ESA maximum fines

A prosecution may be started under Part III of the Provincial Offences Act where a person is believed to have devoted an offence under the ESA. If convicted, a person could be based on 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 increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) specifies an employee to consist of a person who:

- performs work for a company for incomes
- materials services to a company for incomes
- gets training from an employer, if the ability they're being trained on is an ability utilized by the company's workers
- is a homeworker
- was a worker
On March 21, 2024, the significance of "training" was broadened to consist of work performed throughout a trial period. A staff member now consists of a person who carries out work during a trial duration for a company, if the abilities being assessed during the trial period are skills used by the employer's staff members or could be utilized by workers if there are no other staff members. This means the hours worked during the trial duration must be counted as work time. Learn more about what counts as work time.

Deductions from salaries

The ESA forbids employers from making deductions from salaries when the company had a money scarcity, lost residential or commercial property or had residential or commercial property taken and a person other than the worker had access to the cash or residential or commercial property.

On March 21, 2024, the ESA was amended to confirm that this includes reductions from wages in "dine and dash", "gas and dash" and other similar scenarios.

Payment of wages - direct deposit

The ESA needs employers to pay earnings by money, employment cheque or direct deposit. If the earnings are paid by direct deposit, the account must be in the worker's name and nobody aside from the employee can have access to the account, unless the staff member has authorized it.

Effective June 21, 2024, an additional requirement will remain in location if the company wishes to pay earnings by direct deposit: the account must be selected by the worker. This means the employee needs to choose which account to utilize and the employer can not limit a worker's section by, for example, requiring 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 earnings are to be deposited. If an employer formerly restricted a staff member's account selection - for example, by needing them to utilize an account at a specific financial institution - it is the employer's responsibility to validate the worker's selection of their preferred account before they make the next payment after June 20, 2024. A staff member can also notify their employer that they desire their incomes deposited to a various account and, when that takes place, the employer needs to make the change.

Vacation pay arrangements

The ESA permits an employer to pay holiday pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but only with the agreement of the staff member. Find out more about when to pay holiday pay.

Effective June 21, 2024, employment the ESA is modified to clarify that the worker must make a contract with the company in order for the employer to be able to pay vacation pay on every pay cheque or at an agreed-upon time. This confirms that such agreements can not be verbal and should be made in composing (including digitally), constant with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- cash
- cheque
- direct deposit
If payment is by cash or cheque, the staff member must be paid the suggestions or other gratuities at the workplace or at some other location agreed to digitally or in writing by the staff member.

If payment is made by direct deposit, the account should be selected by the staff member and be in the staff member's name. Nobody aside from the worker can have access to the account, unless the staff member has actually authorized it.

The requirement that the worker pick the account suggests the employee must choose which account to use, and the employer can not restrict a staff member's selection by, for instance, requiring the staff member to utilize an account at a particular financial organization.

For payments that are to be made after June 20, 2024, a staff member deserves to select the account where their ideas are to be deposited. If an employer formerly limited a worker's account choice - for example, by needing them to use an account at a specific financial institution - it is the employer's obligation to validate the staff member's selection of their preferred account before they make the next payment after June 20, 2024. An employee can likewise alert their employer that they want their pointers transferred to a different account and, when that takes place, the company needs to make the modification.

Tips sharing policy

The ESA allows companies, along with directors and investors of a company, to share in suggestions, if specified requirements are satisfied.

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the company, sharing in a tip pool, the company will be needed to publish a copy of that policy in a clearly visible place in the work environment where it is likely to come to the attention of staff members.

The requirement to publish a policy does not require a company to develop a policy. It applies if an employer has a written policy in place or if a company has a recognized practice of sharing in an idea pool that is consistently applied (even if it's not documented). If the company has an unwritten but recognized, consistently-applied practice in location, the company should put the policy in composing and post a copy of the policy.

The ESA does not specify the information that needs to appear in the policy, as long as the posted document is a true copy of the policy that remains in location and plainly states that the employer or a director employment or investor of the company shares in the pointer pool.

Effective, June 21, 2024, companies will also be required to keep a copy of every ideas sharing policy that is required to be posted for three years after the policy stops being in result.

Job posting requirements

On a date to be set by proclamation of the Lieutenant Governor, changes will enter into force that develop brand-new requirements for companies related to openly marketed task posts.

Temporary assistance firm and employment employer licensing

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

- Temporary assistance firms are needed to hold a licence to operate.Clients are restricted from knowingly engaging or utilizing the services of a temporary help firm unless the company holds a licence. (Discover more about the relationship between momentary aid firms and clients.).

• Employers, prospective employers and other recruiters are forbidden from knowingly 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 apply.
  
  On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was modified. The of:
  
  - Adding a surety bond as a brand-new acceptable kind of security for all applicants,.
  - exempting certain employers from the security requirement under defined conditions,.
  - altering the application charge and security requirements for entities using both for a temporary assistance company and an employer licence.
  The ministry's licensing website has been upgraded to reflect these modifications. Please check out that website for details.