Under the Employment Standards Act, 2000 (ESA), companies can require a worker to supply evidence sensible in the situations that they are entitled to sick leave under the ESA.

Effective October 28, 2024, companies can not require employees to offer a certificate from a certified health specialist (a medical note). A "competent health practitioner" is an individual who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is provided to the staff member.

ESA maximum fines

A prosecution may be begun under Part III of the Provincial Offences Act where an individual is believed to have dedicated an offence under the ESA. If convicted, employment a person could be subject to a fine or a regard to imprisonment or both.

As of October 28, 2024, the optimum fine for employment individuals convicted of contravening the ESA has actually increased to $100,000 (up from $50,000).

Definition of employee

The Employment Standards Act (ESA) defines an employee to consist of an individual who:

- performs work for a company for salaries

- products services to an employer for wages

- gets training from an employer, if the ability they're being trained on is an ability utilized by the employer's employees

- is a homeworker

- was a staff member


On March 21, 2024, the meaning of "training" was expanded to include work performed during a trial period. An employee now consists of an individual who performs work throughout a trial period for a company, if the skills being examined throughout the trial duration are skills utilized by the employer's workers or could be used by staff members if there are no other employees. This indicates the hours worked throughout the trial period should be counted as work time. Find out more about what counts as work time.

Deductions from incomes

The ESA forbids employers from making reductions from incomes when the employer had a money shortage, lost residential or employment commercial property or had actually residential or commercial property taken and an individual aside from the staff member had access to the cash or home.

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

Payment of incomes - direct deposit

The ESA needs employers to pay wages by cash, cheque or direct deposit. If the earnings are paid by direct deposit, the account needs to remain in the staff member's name and no one other than the worker can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an extra requirement will be in place if the employer wants to pay earnings by direct deposit: the account should be chosen by the staff member. This implies the staff member should choose which account to utilize and the company can not restrict a worker's section by, for instance, requiring the worker to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, a worker can choose the account where their earnings are to be transferred. If a company formerly restricted an employee's account selection - for example, by requiring them to use an account at a particular 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. An employee can likewise inform their employer that they desire their earnings transferred to a different account and, when that occurs, the company needs to make the modification.

Vacation pay arrangements

The ESA permits a company to pay trip pay to an employee on every pay cheque as it accumulates or at any agreed-upon time, but just with the agreement of the employee. Discover more about when to pay vacation pay.

Effective June 21, 2024, the ESA is amended to clarify that the worker needs to make an arrangement with the company in order for the company to be able to pay trip pay on every pay cheque or at an agreed-upon time. This verifies that such contracts can not be spoken and should be made in writing (consisting of electronically), consistent with how the ministry imposes the ESA.

Tips or other gratuities - methods of payment

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

- cash

- cheque

- direct deposit


If payment is by cash or cheque, the worker needs to be paid the ideas or other gratuities at the workplace or at some other place accepted digitally or in writing by the employee.

If payment is made by direct deposit, the account needs to be chosen by the staff member and be in the staff member's name. Nobody other than the staff member can have access to the account, unless the staff member has actually licensed it.

The requirement that the staff member pick the account implies the staff member needs to decide which account to utilize, and the employer can not limit an employee's selection by, for example, needing the staff member to utilize an account at a specific banks.

For payments that are to be made after June 20, 2024, an employee deserves to choose the account where their tips are to be deposited. If a company previously restricted an employee's account selection - for instance, by requiring them to utilize an account at a specific financial organization - it is the company's responsibility to verify the worker's choice of their preferred account before they make the next payment after June 20, 2024. An employee can also inform their employer that they desire their pointers transferred to a different account and, when that takes place, the employer needs to make the modification.

Tips sharing policy

The ESA permits employers, along with directors and investors of a company, to share in pointers, if defined 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 pointer swimming pool, employment the employer will be needed to publish a copy of that policy in a plainly noticeable place in the office where it is most likely to come to the attention of staff members.

The requirement to publish a policy does not need an employer to develop a policy. It applies if a company has a written policy in location or if an employer has a recognized practice of sharing in a tip swimming pool that is regularly applied (even if it's not written down). If the employer has an unwritten however established, consistently-applied practice in place, the employer should put the policy in writing and post a copy of the policy.

The ESA does not define the details that needs to appear in the policy, as long as the published file is a true copy of the policy that is in location and clearly mentions that the company or a director or investor of the employer shares in the idea pool.

Effective, June 21, 2024, companies will likewise be needed to keep a copy of every pointers sharing policy that is required to be published for three years after the policy stops being in effect.

Job publishing requirements

On a date to be set by proclamation of the Lieutenant Governor, amendments will enter force that develop brand-new requirements for employers associated with publicly marketed task postings.

Temporary aid company and employer licensing

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

- Temporary assistance companies are required to hold a licence to operate.Clients are prohibited from purposefully engaging or using the services of a temporary assistance company unless the firm holds a licence. (Learn more about the relationship between short-lived help firms and customers.).


- Employers, prospective companies and other employers are restricted from purposefully engaging or employment utilizing the services of any recruiter that does not hold a licence.

Where applications are made before July 1, 2024 and employment a decision is pending, there is a transitional rule that will use.

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

- Adding a surety bond as a brand-new acceptable type of security for all applicants,.

- exempting particular employers from the security requirement under defined conditions,.

- changing the application cost and security requirements for entities applying both for a short-lived help firm and an employer licence.


The ministry's licensing website has been updated to reflect these modifications. Please check out that webpage for information.