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

Effective October 28, 2024, companies can not need employees to supply a certificate from a certified health professional (a medical note). A "certified health practitioner" 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 provided to the staff member.

ESA optimum fines

A prosecution may be begun under Part III of the Provincial Offences Act where a person is believed to have actually devoted an offense under the ESA. If founded guilty, a person could be based on a fine or a regard to jail time or both.

Since October 28, 2024, the optimum 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) specifies a worker to include a person who:

- performs work for an employer for incomes
- supplies services to a company for incomes
- gets training from a company, 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 meaning of "training" was broadened to include work carried out throughout a trial duration. A staff member now includes an individual who performs work throughout a trial duration for an employer, if the skills being evaluated throughout the trial duration are abilities used by the company's workers or could be used by employees if there are no other employees. This means the hours worked during the trial period need to be counted as work time. Learn more about what counts as work time.

Deductions from incomes

The ESA prohibits companies from making deductions from incomes when the employer had a cash lack, lost property or had property stolen and a person besides the employee had access to the cash or home.

On March 21, 2024, the ESA was amended to validate that this includes deductions from earnings in "dine and dash", "gas and dash" and other comparable scenarios.

Payment of earnings - direct deposit

The ESA requires companies to pay salaries by money, cheque or direct deposit. If the wages are paid by direct deposit, the account must be in the worker's name and nobody other than the employee can have access to the account, unless the employee has licensed it.

Effective June 21, 2024, an extra requirement will be in location if the company desires to pay wages by direct deposit: the account should be selected by the worker. This implies the staff member should choose which account to use and the company can not limit a worker's section by, for instance, requiring the employee to use an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, a staff member can pick the account where their salaries are to be transferred. If a company formerly restricted a staff member's account selection - for example, by requiring them to utilize an account at a specific monetary organization - it is the company's obligation to validate 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 employer that they want their wages transferred to a different account and, when that takes place, the employer needs to make the modification.

Vacation pay contracts

The ESA enables an employer to pay holiday pay to a worker on every pay cheque as it collects or at any agreed-upon time, however just with the agreement of the worker. Discover more about when to pay getaway pay.

Effective June 21, 2024, the ESA is modified to clarify that the staff member must make an arrangement with the company in order for the employer to be able to pay trip 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 writing (including electronically), constant with how the ministry enforces the ESA.

Tips or other gratuities - approaches of payment

Beginning June 21, 2024, companies 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 needs to be paid the tips or other gratuities at the work environment or at some other location agreed to electronically or in composing by the worker.

If payment is made by direct deposit, the account must be picked by the worker and be in the worker's name. Nobody other than the employee can have access to the account, unless the staff member has actually authorized it.

The requirement that the staff member choose the account means the staff member should choose which account to utilize, and the employer can not limit an employee's choice by, for instance, requiring the staff member to use an account at a specific financial institution.

For payments that are to be made after June 20, 2024, an employee can choose the account where their ideas are to be deposited. If an employer formerly restricted an employee's account selection - for example, by requiring them to utilize an account at a specific banks - it is the employer's obligation to validate the worker's selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their employer that they want their pointers transferred to a various account and, when that happens, the company needs to make the change.

Tips sharing policy

The ESA permits employers, as well as directors and investors of an employer, to share in suggestions, if defined criteria are satisfied.

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 company will be required to publish a copy of that policy in a plainly visible place in the work environment 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 has a written policy in location or if an employer has an established practice of sharing in a pointer swimming pool that is regularly applied (even if it's not made a note of). If the company has an unwritten however recognized, consistently-applied practice in location, the company should put the policy in composing and publish a copy of the policy.

The ESA does not define the information that must appear in the policy, as long as the posted file is a true copy of the policy that is in location and clearly states that the employer or a director or shareholder of the company shares in the pointer 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 three years after the policy stops being in result.

Job publishing requirements

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

Temporary assistance agency and recruiter licensing

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

- Temporary aid agencies are required to hold a licence to operate.Clients are prohibited from purposefully engaging or utilizing the services of a short-term assistance firm unless the firm holds a licence. (Discover more about the relationship between temporary aid companies and customers.).
- Employers, prospective employers and other employers are restricted 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 use.

On April 29, 2024, O. Reg. 99/23 - Licensing Temporary Help Agencies and Recruiters was amended. The changes consist of:

- Adding a surety bond as a brand-new acceptable kind of security for all candidates,.
- exempting certain employers from the security requirement under defined conditions,.
- changing the application charge and security requirements for entities applying both for a temporary assistance firm and an employer licence.
The ministry's licensing web page has actually been updated to show these changes. Please visit that website for details.