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Under the Employment Standards Act, 2000 (ESA), employers can need an employee to provide evidence reasonable in the scenarios that they are entitled to ill leave under the ESA.
Effective October 28, 2024, employers can not need workers to provide a certificate from a competent health specialist (a medical note). A “qualified health professional” is an individual who is qualified to practise as a physician, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.
ESA maximum fines
A prosecution might be begun under Part III of the Provincial Offences Act where an individual is believed to have committed an offence under the ESA. If founded guilty, an individual 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) defines a staff member to include a person who:
– performs work for an employer for wages
– products services to a company for earnings
– receives training from an employer, if the ability they’re being trained on is an ability 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 carried out during a trial duration. A staff member now consists of a person who carries out work throughout a trial period for an employer, if the abilities being examined during the trial duration are skills utilized by the employer’s workers or could be utilized by employees if there are no other staff members. This suggests the hours worked throughout the trial period must be counted as work time. Discover more about what counts as work time.
Deductions from incomes
The ESA prohibits companies from making deductions from salaries when the company had a cash lack, lost residential or commercial property or had actually home stolen and an individual besides the worker had access to the cash or home.
On March 21, employment 2024, the ESA was changed to confirm that this consists of reductions from earnings in “dine and rush”, “gas and dash” and other comparable scenarios.
Payment of wages – direct deposit
The ESA needs employers to pay incomes by money, cheque or direct deposit. If the salaries are paid by direct deposit, the account needs to remain in the worker’s name and employment nobody besides the worker 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 employer desires to pay earnings by direct deposit: employment the account should be chosen by the staff member. This implies the worker needs to decide which account to utilize and the employer can not restrict an employee’s area by, for example, needing the worker to utilize an account at a specific monetary institution.
For payments that are to be made after June 20, 2024, an employee can pick the account where their salaries are to be deposited. If a company formerly limited a worker’s account choice – for instance, by needing them to utilize an account at a specific banks – it is the employer’s duty to confirm the staff member’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also alert their company that they desire their salaries deposited to a various account and, when that takes place, the employer needs to make the change.
Vacation pay arrangements
The ESA allows an employer to pay vacation pay to a staff member on every pay cheque as it collects or at any agreed-upon time, but just with the arrangement of the staff member. Discover more about when to pay vacation pay.
Effective June 21, 2024, the ESA is amended to clarify that the employee must make an arrangement with the company in order for the company to be able to pay getaway pay on every pay cheque or at an agreed-upon time. This verifies that such agreements can not be verbal and need to be made in writing (including digitally), constant with how the ministry implements the ESA.
Tips or other gratuities – methods of payment
Beginning June 21, 2024, employers will be needed to pay ideas or other gratuities by either:
– money
– cheque
– direct deposit
If payment is by money or cheque, the staff member must be paid the pointers or employment other gratuities at the work environment or at some other place agreed to digitally or in composing by the employee.
If payment is made by direct deposit, the account must be picked by the worker and remain in the worker’s name. Nobody besides the employee can have access to the account, unless the staff member has authorized it.
The requirement that the staff member select the account indicates the staff member must choose which account to use, and the employer can not limit an employee’s selection by, for instance, requiring the employee to use an account at a particular financial institution.
For payments that are to be made after June 20, 2024, a worker deserves to pick the account where their ideas are to be transferred. If an employer previously limited an employee’s account choice – for example, by requiring them to use an account at a particular monetary institution – it is the employer’s duty to verify the worker’s choice of their preferred account before they make the next payment after June 20, 2024. A worker can also notify their employer that they want their pointers transferred to a various account and, when that occurs, the company should make the change.
Tips sharing policy
The ESA permits employers, as well as directors and shareholders of a company, to share in suggestions, 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 a pointer swimming pool, the employer will be needed to post a copy of that policy in a plainly visible location in the office where it is most likely to come to the attention of workers.
The requirement to post a policy does not require a company to establish a policy. It applies if a company has a written policy in place or if an employer has a recognized practice of sharing in a tip swimming pool that is regularly applied (even if it’s not documented). If the employer has an unwritten however recognized, consistently-applied practice in place, the employer must put the policy in composing and post a copy of the policy.
The ESA does not define the details that must appear in the policy, as long as the posted document is a true copy of the policy that is in location and clearly mentions that the company or a director or shareholder of the employer shares in the idea pool.
Effective, June 21, 2024, employers will also be required to keep a copy of every pointers sharing policy that is needed to be published for three years after the policy stops being in result.
Job publishing requirements
On a date to be set by pronouncement of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for employers connected to publicly marketed job posts.
Temporary assistance company and employer licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary help companies are needed to hold a licence to operate.Clients are restricted from purposefully engaging or using the services of a short-lived assistance company unless the company holds a licence. (Find out more about the relationship in between short-lived aid firms and employment customers.).
– Employers, prospective employers and other employers are restricted from knowingly engaging or utilizing the services of any employer that does not hold a licence.
Where 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 amended. The modifications consist of:
– Adding a surety bond as a brand-new acceptable form of security for employment all candidates,.
– excusing certain employers from the security requirement under specified conditions,.
– altering the application cost and security requirements for entities applying both for a short-term assistance agency and a recruiter licence.
The ministry’s licensing website has been upgraded to reflect these changes. Please check out that web page for details.