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 workers to supply a certificate from a competent health practitioner (a medical note). A "qualified health specialist" is a person who is qualified to practice as a doctor, registered nurse or psychologist under the laws of the jurisdiction in which care or treatment is supplied to the worker.

ESA maximum fines

A prosecution might be begun under Part III of the Provincial Offences Act where a person is believed to have devoted an offence under the ESA. If founded guilty, an individual might be based on a fine or a regard to imprisonment or both.

Since October 28, 2024, the maximum fine for people convicted of contravening the ESA has increased to $100,000 (up from $50,000).

Definition of staff member

The Employment Standards Act (ESA) specifies an employee to include an individual who:

- carries out work for an employer for earnings

- products services to an employer for wages

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

- is a homeworker

- was a worker


On March 21, 2024, the meaning of "training" was expanded to consist of work carried out throughout a trial duration. A staff member now includes a person who performs work during a trial duration for an employer, if the abilities being assessed during the trial period are abilities utilized by the company's staff members or could be used by staff members if there are no other workers. This indicates the hours worked during the trial duration should be counted as work time. Discover more about what counts as work time.

Deductions from salaries

The ESA forbids companies from making reductions from incomes when the company had a cash shortage, lost home or had home stolen and an individual aside from the worker had access to the money or property.

On March 21, 2024, the ESA was modified to confirm that this consists of deductions from incomes in "dine and rush", "gas and dash" and other similar scenarios.

Payment of salaries - direct deposit

The ESA needs employers to pay wages by cash, cheque or direct deposit. If the wages are paid by direct deposit, the account should remain in the employee's name and nobody aside from the worker can have access to the account, unless the employee has actually authorized it.

Effective June 21, 2024, an additional requirement will remain in place if the employer wishes to pay incomes by direct deposit: the account must be picked by the employee. This implies the employee should decide which account to utilize and the company can not limit a staff member's area by, for instance, requiring the staff member to utilize an account at a specific monetary organization.

For payments that are to be made after June 20, 2024, an employee deserves to select the account where their salaries are to be transferred. If an employer previously restricted an employee's account choice - for example, by requiring them to utilize an account at a particular banks - it is the employer's responsibility to validate the staff member's choice of their preferred account before they make the next payment after June 20, 2024. A staff member can likewise alert their company that they desire their incomes deposited to a different account and, when that takes place, the employer should make the change.

Vacation pay arrangements

The ESA enables a company to pay trip pay to a staff member on every pay cheque as it accumulates or at any agreed-upon time, but only with the contract of the worker. Learn more about when to pay vacation pay.

Effective June 21, 2024, the ESA is changed to clarify that the worker needs to make a contract with the employer in order for the company to be able to pay holiday 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 composing (including electronically), constant with how the ministry implements the ESA.

Tips or other gratuities - methods of payment

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

- cash

- cheque

- direct deposit


If payment is by money or cheque, the staff member needs to be paid the pointers or other gratuities at the work environment or at some other place accepted digitally or in composing by the employee.

If payment is made by direct deposit, the account should be selected by the staff member and remain in the employee's name. Nobody besides the employee can have access to the account, unless the staff member has licensed it.

The requirement that the employee select the account suggests the staff member needs to choose which account to utilize, and the company can not restrict a staff member's choice by, employment for instance, requiring the employee to use an account at a particular monetary organization.

For payments that are to be made after June 20, 2024, a worker has the right to select the account where their tips are to be deposited. If an employer previously restricted a staff member's account selection - for instance, by requiring them to use an account at a specific financial institution - it is the employer's obligation to confirm the staff member's selection of their wanted account before they make the next payment after June 20, 2024. A staff member can also alert their company that they want their pointers transferred to a different account and, when that happens, the company should make the modification.

Tips sharing policy

The ESA enables employers, along with directors and investors of an employer, to share in pointers, if specified requirements are fulfilled.

Effective June 21, 2024, where an employer has a policy about the employer, director or investor of the employer, sharing in a pointer pool, the employer will be required to post a copy of that policy in a plainly visible location in the workplace where it is most likely to come to the attention of workers.

The requirement to publish a policy does not need an employer to establish a policy. It applies if an employer has a written policy in location or if a company has a recognized practice of sharing in an idea swimming pool that is consistently applied (even if it's not composed down). If the company has an unwritten but established, consistently-applied practice in location, the company must put the policy in composing and post a copy of the policy.

The ESA does not define the information that must appear in the policy, as long as the posted document is a real copy of the policy that is in place and plainly mentions that the company or a director or shareholder of the company shares in the suggestion swimming pool.

Effective, June 21, 2024, employers will likewise be required to keep a copy of every suggestions sharing policy that is required to be published for 3 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 come into force that establish brand-new requirements for employers related to publicly marketed task postings.

Temporary aid company and recruiter licensing

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

- Temporary help agencies are needed to hold a licence to operate.Clients are restricted from intentionally engaging or utilizing the services of a short-lived aid firm unless the agency holds a licence. (Discover more about the relationship between temporary aid firms and customers.).


- Employers, prospective employers and other recruiters are prohibited from purposefully engaging or utilizing the services of any recruiter 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 use.

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

- Adding a surety bond as a brand-new acceptable form of security for all candidates,.

- excusing specific recruiters from the security requirement under defined conditions,.

- altering the application charge and security requirements for entities using both for a temporary help firm and an employer licence.


The ministry's licensing website has actually been updated to show these changes. Please check out that webpage for details.