Dentists should be aware of recent and upcoming changes to Ontario employment laws that could significantly impact their practice.
Here’s what you need to know about a series of laws passed recently.
What laws are in effect?
The Working for Workers Four Act, 2024 (Bill 149) came into effect on June 21, 2024.
Probationary Periods
- The definition of an “employee” under the ESA now includes workers who are performing work as part of a “trial or probation period.” The law considers anyone working during a trial period as an employee, which includes short-term arrangements where employers ‘test out’ a potential new staff member.
Payment of Wages via Direct Deposit
- The ESA requires employers to pay wages through cash, cheques, or direct deposit. If the employee chooses direct deposit, the account must be in the employee’s name.
- Dentist employers cannot restrict or choose which bank account their employee’s wages are deposited into.
Vacation Pay Agreements
- The ESA now requires more than just verbal agreement from employees about how vacation pay is distributed.
- Previously, employers could pay vacation pay in various ways such as on pay period with informal employee consent. Now, dentist employers must obtain a formal, written agreement from each employee before distributing vacation pay in a way other than a lump sum prior to the vacation.
For further discussion on recent changes to vacation pay period requirements, see this article.
The Working for Workers Five Act, 2024 (Bill 190) came into effect on October 28, 2024.
Medical Notes and Sick Leave
- Employers cannot require employees to provide a medical note.
- This means that dentist employers can no longer ask for medical notes if an employee requests their three-day statutory sick leave under the ESA.
- However, dentist employers may require employees to provide alternative evidence of their sick leave entitlement, such as an employee attestation. Dentist employers can still request medical notes for sick leave beyond the three-day statutory entitlement.
For further information on sick leave and notes from health practitioners, please see this article.
ESA Maximum Fines
- The maximum fine for any individual convicted of a violation under the ESA has doubled to $100,000 per individual conviction.
Employment Law: What Changes Might be in store for 2025?
The Working for Workers Six Act, 2024 (Bill 229) received royal assent on December 19, 2024. However, several provisions are not in effect as we wait on a day to be named by proclamation of the Lieutenant Governor. Some provisions to be aware of include:
Placement of a Child Leave
- Placement of Child Leave is a new leave of absence that grants employees with up to 16 weeks of unpaid leave following the arrival or placement of child leave is a new leave of absence that grants employees with up to 16 weeks of unpaid leave following the arrival or placement of a child into an employee’s custody, care, and control through adoption or surrogacy.
- Key Eligibility Requirements:
- At least 13 weeks of employment.
- Leave must be taken in one continuous period.
Long-Term Illness Leave
- Long-Term Illness Leave grants employees up to 27 weeks of unpaid leave if they are unable to work due to a serious medical condition, which includes chronic or episodic conditions.
- Key Eligibility Requirements:
- Eligibility requires 13 consecutive weeks of employment.
- Requires written notice and a medical certificate from a health practitioner.
- Leave duration is based on the medical certificate but cannot exceed 27 weeks in a 52-week period.
Occupational Health and Safety Act – Personal Protective Equipment (PPE)
- Bill 229 requires employers to ensure that all PPE properly fits and is suitable for the specific working conditions for each worker’s role. The Ontario government wants to ensure that women and people with diverse body shapes have access to PPE that fits them properly.
Takeaways for Dentist Employers
- Dentist employers must be aware of several new and upcoming changes to employment laws and practices. With an updated definition of “employees” under the ESA, changes to distributing vacation pay, direct deposit requirements, and PPE requirements, employers must ensure they comply with the relevant laws.
- New leave entitlements for Placement of a Child Leave and Long-Term Illness Leave will require dentist employers to be flexible and accommodating to employees who need these leaves.
Thank you to Fotini Sioukas for her contribution to this article. The contents of this article are not to be construed as legal advice. Contact Emerge Law’s lawyers for legal assistance.