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Under the Employment Standards Act, 2000 (ESA), companies can require a staff member to supply proof affordable in the circumstances that they are entitled to sick leave under the ESA.
Effective October 28, 2024, employers can not need staff members to supply a certificate from a certified health practitioner (a medical note). A „certified health practitioner“ is a person who is certified to practise as a physician, 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 might be started under Part III of the Provincial Offences Act where a person is thought to have committed an offence under the ESA. If convicted, an individual might be based on a fine or a regard to jail time or both.
Since October 28, 2024, the maximum 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) defines an employee to include a person who:
– performs work for a company for employment incomes
– materials services to an employer for salaries
– 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 worker
On March 21, 2024, employment the meaning of „training“ was expanded to include work carried out throughout a trial period. An employee now consists of an individual who carries out work during a trial duration for a company, if the skills being evaluated throughout the trial period are abilities utilized by the employer’s employees or could be utilized by employees if there are no other employees. This implies the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.
Deductions from incomes
The ESA prohibits companies from making reductions from salaries when the company had a cash lack, lost residential or commercial property or had property stolen and an individual besides the employee had access to the cash or residential or commercial property.
On March 21, 2024, the ESA was amended to validate that this consists of reductions from salaries in „dine and dash“, „gas and dash“ and other comparable situations.
Payment of wages – direct deposit
The ESA needs companies to pay wages by money, cheque or direct deposit. If the incomes are paid by direct deposit, the account should be in the staff member’s name and nobody other than the employee can have access to the account, unless the employee has actually authorized it.
Effective June 21, 2024, an extra requirement will remain in place if the company wishes to pay incomes by direct deposit: the account must be selected by the staff member. This means the worker should decide which account to use and the employer can not limit a staff member’s area by, for example, employment requiring the worker to use an account at a specific banks.
For payments that are to be made after June 20, 2024, an employee deserves to select the account where their earnings are to be deposited. If a company formerly restricted a staff member’s account choice – for instance, by requiring them to utilize an account at a particular financial organization – it is the employer’s responsibility to validate the employee’s choice of their desired account before they make the next payment after June 20, 2024. A staff member can also inform their employer that they want their earnings deposited to a different account and, when that takes place, the employer needs to make the modification.
Vacation pay contracts
The ESA permits an employer to pay vacation pay to a staff member on every pay cheque as it collects or at any agreed-upon time, however only with the contract of the staff member. Learn more about when to pay holiday 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 trip pay on every pay cheque or at an agreed-upon time. This confirms that such arrangements can not be verbal and must be made in writing (consisting of digitally), consistent with how the ministry imposes the ESA.
Tips or other gratuities – techniques of payment
Beginning June 21, 2024, employment employers will be needed to pay pointers or other gratuities by either:
– cash
– cheque
– direct deposit
If payment is by money or cheque, the staff member should be paid the suggestions or other gratuities at the office or at some other location consented to digitally or in composing by the worker.
If payment is made by direct deposit, the account needs to be selected by the staff member and remain in the staff member’s name. Nobody aside from the worker can have access to the account, unless the staff member has actually licensed it.
The requirement that the worker choose the account implies the staff member needs to decide which account to use, and the employer can not limit a worker’s selection by, for example, requiring the employee to use an account at a specific banks.
For payments that are to be made after June 20, 2024, a worker can pick the account where their tips are to be transferred. If a company previously restricted a worker’s account choice – for example, by requiring them to utilize an account at a specific financial institution – it is the company’s responsibility to confirm the worker’s choice 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 tips deposited to a various account and, when that takes place, the employer needs to make the change.
Tips sharing policy
The ESA permits employers, as well as directors and shareholders of an employer, to share in tips, if specified criteria are satisfied.
Effective June 21, 2024, where a company has a policy about the employer, director or investor of the employer, sharing in a suggestion pool, the employer will be needed to post a copy of that policy in a clearly noticeable place in the office where it is most likely to come to the attention of employees.
The requirement to publish a policy does not require a company to develop a policy. It applies if a company has a written policy in place or if an employer has an established practice of sharing in a pointer swimming pool that is consistently used (even if it’s not made a note of). If the employer has an unwritten but established, consistently-applied practice in location, the company should put the policy in writing 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 mentions that the employer or a director or investor of the employer shares in the suggestion pool.
Effective, June 21, 2024, companies will likewise be required to keep a copy of every tips sharing policy that is required to be posted for three years after the policy stops being in effect.
Job posting requirements
On a date to be set by proclamation of the Lieutenant Governor, modifications will enter force that establish brand-new requirements for companies related to openly advertised job postings.
Temporary aid agency and recruiter licensing
Beginning on July 1, 2024 under the Employment Standards Act, 2000 (ESA):
– Temporary aid firms are required to hold a to operate.Clients are prohibited from intentionally engaging or utilizing the services of a temporary help agency unless the firm holds a licence. (Learn more about the relationship between momentary help agencies and clients.).
– Employers, prospective employers and other employers are restricted 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, there is a transitional rule that will apply.
On April 29, 2024, O. Reg. 99/23 – Licensing Temporary Help Agencies and Recruiters was modified. The changes include:
– Adding a surety bond as a new acceptable type of security for all applicants,.
– excusing particular employers from the security requirement under specified conditions,.
– changing the application cost and security requirements for entities applying both for a momentary aid company and an employer licence.
The ministry’s licensing web page has been upgraded to show these changes. Please check out that webpage for information.