On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received royal assent. Here’s what employers need to know:
Key Changes
- Prohibition on sick notes for ESA sick leave. Employers are prohibited from requiring an employee to provide a certificate from a qualified health care practitioner (i.e. a sick note) as evidence of entitlement to ESA “sick leave.” Under section 50 of the ESA, an employee who has been employed for at least two consecutive weeks is entitled to three days of unpaid sick leave per calendar year in instances of personal illness, injury or medical emergency. Employers will not be permitted to request a certificate from a qualified health practitioner as evidence of entitlement to these three days of sick leave.
- Employment Standards Act amendments:
- Job postings: employers must now disclose whether a vacancy truly exists in publicly advertised job postings and respond to interviewees within a specified period.
- Increased fines: the maximum fine for individuals convicted of an offence for contravening the ESA or for failing to comply with an order, direction or other requirement under the ESA increased from $50,000 to $100,000.
- Occupational Health and Safety Act updates: The Act now includes provisions for maintaining washroom facilities, updating definitions of workplace harassment to include virtual activities, and applying the Act to telework performed in private residences. In addition, posting requirements under the OHSA may now be satisfied by providing workers with access to electronic copies, so long as workers are directed where to access that information and the information is in a format that can readily be accessed by workers in the workplace.
Takeaways for Employers
- Train HR and managers on the amendments concerning statutory sick leave. Review existing policies and practices regarding statutory sick leave to ensure managers do not require employees to provide a certificate from a qualified health care practitioner to prove their entitlement to sick leave under the ESA. While employers retain the right to ask an employee to provide information “reasonable in the circumstances,” they may no longer require a ‘sick note’ from a qualified health practitioner.
- Review job posting practices. Ensure that all publicly advertised job postings accurately reflect existing vacancies and establish a process for timely responses to interviewees.
- Update workplace policies. Revise policies to include provisions for virtual harassment and telework. Ensure that all required information is accessible electronically. Help managers understand that OHSA legislation will apply to remote work performed at a private residence.
By staying informed and proactive, employers can ensure they are compliant with the new regulations and continue to support their workforce effectively. Please contact a member of our team with any questions.