On October 28, 2024, Ontario’s Working for Workers Five Act made amendments to the Employment Standards Act, 2000 (“ESA”) and to the Occupational Health and Safety Act (“OHSA”).
While some changes are pending, the changes below are effective immediately.
This is a good opportunity to review your policies and practices to ensure your documentation is current and that your managers and people leaders are aware of the changes and of their responsibilities to them.
Changes to the Employment Standards Act
- Doctor’s notes are no longer required for sick leave. Employers can no longer request a doctor’s note for statutory (ESA related) sick leave. Employers may continue to ask for a doctor’s note for leaves that are paid for by the employer or for disability accommodation requests.
- Fines increased from $50,000 to $100,000. The Maximum fine for an individual convicted of violating the ESA is increased from $50,000 to $100,000.
Changes to the Occupational Health and Safety Act
- OHSA now applies to teleworkers. Work performed in or about a private residence is now covered under OHSA.
- Updated definition of harassment. The definitions of ‘workplace harassment’ and ‘workplace sexual harassment’ now include harassment that occurs ‘virtually through the use of information and communications technology’.
- Joint Health and Safety Meetings. Joint health and safety meetings can now take place remotely as opposed to physically in the workplace.
- Electronic Postings. Readily accessible information can now be posted in an electronic format instead of physically in the workplace. (Includes the workplace health and safety policy, a copy OHSA and any explanatory material prepared by the Ministry of Labour, Immigration, Training and Skills Development of Ontario).
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