New Rules for Ontario’s EmployersOntario’s Bill 190, called the Working for Workers Five Act, 2024, has received royal assent and includes amendments to a number of employment related statues, including the Employment Standards Act (ESA.) Here is what you need to know as an employer:
Sick Leave Notes: Employers are no longer able to ask an employee to provide a certificate/note from a qualified health care practitioner as proof of their entitlement to the three job-protected unpaid sick leave days. Employers continue to have the right to ask an employee to provide information if it is “reasonable in the circumstances” but may no longer require a ‘sick note’ from a qualified health practitioner. This requirement will come into force on a day to be named by proclamation. In other words, this change is not in effect just yet. We will inform you when it is proclaimed into law. The definition of “qualified health practitioner” under the Act has also been expanded to include a psychologist. This change is now in force.
Employment Standards Act Violations: The Act doubles the maximum fine for individuals convicted of violating the ESA from $50,000 to $100,000, which would be the highest fine in Canada.
Vacancy job postings Employers must now disclose whether a vacancy truly exists in publicly advertised job postings and respond to interviewees within a specified period.
Workplace Harassment – The definition of workplace harassment and sexual harassment are being expanded to include virtual harassment through the use of information and communication technology. This change is now in effect.
Joint Health and Safety committee Meetings – These meetings may now occur remotely instead of exclusively in the physical workplace.