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NOTE: The job advertisement requirements have received Royal Assent, but are not yet proclaimed, therefore not yet in effect. The Sick leave provisions were proclaimed and are now in effect.
On October 28, 2024, the Working for Workers Five Act, 2024 received Royal Assent.
Amendments to the Employment Standards Act, 2000
The Employment Standards Act, 2000 (ESA) has been amended:
Medical notes and sick leave
Employers can require an employee to provide evidence reasonable in the circumstances that they are entitled to sick leave under the ESA, but effective October 28, 2024, employers are prohibited from requiring employees to provide a certificate from a qualified health practitioner (a medical note). A “qualified health practitioner” is defined as a person who is qualified to practise as a physician, a registered nurse or a psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee.
ESA maximum fines
As of October 28, 2024, the maximum fine for individuals convicted of contravening the ESA has increased to $100,000 (up from $50,000).
Job posting requirements
Additional requirements related to publicly advertised job postings will come into force on a date to be set by proclamation of the Lieutenant Governor. These changes are not in effect. If proclaimed into force, the changes would require employers to:
- Disclose in a publicly advertised job posting if the posting is for an existing vacancy or not, and to include any other prescribed information.
- Provide prescribed information, within the prescribed time period, to every applicant they interview for a publicly advertised job posting.
- Keep a record of the prescribed information provided to an applicant interviewed for a publicly advertised job posting for three years after the day the information was provided to the applicant.
More information about the changes will soon be published in Your guide to the ESA. In the meantime, you can read the legislation here: Bill 190, Working for Workers Five Act, 2024.
If you need help understanding your responsibilities and rights under the ESA, you can:
- Visit Your guide to the Employment Standards Act at Ontario.ca/ESAguide.
- Call the Employment Standards Information Centre at 1-800-531-5551 or TTY (for hearing impaired) at 1-866-567-8893. Information is available in many languages.
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