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Under the Employment Standards Act, 2000 (ESA), companies can need a staff member to supply proof 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 competent health professional (a medical note). A "qualified health practitioner" is a person who is certified to practise as a doctor, signed up nurse or psychologist under the laws of the jurisdiction in which care or treatment is offered to the staff member.


ESA optimum fines


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


Since October 28, 2024, the optimum fine for individuals founded guilty 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 earnings

- supplies services to a company for wages

- receives training from a company, if the ability they're being trained on is a skill utilized by the company's staff members

- is a homeworker

- was an employee


On March 21, 2024, the meaning of "training" was broadened to include work performed throughout a trial period. A staff member now includes a person who carries out work throughout a trial period for a company, if the abilities being assessed during the trial period are skills used by the employer's workers or could be used by employees if there are no other workers. This suggests the hours worked throughout the trial period need to be counted as work time. Discover more about what counts as work time.