Understanding the “Working for Workers Five Act, 2024”

The Employment Standards Act is always evolving, and we have more updates to report as of July 2024. Recent amendments have been made through the “Working for Workers Five Act, 2024” (aka Bill 190) which aim to strengthen worker protection, eliminate employment barriers, and provide clearer guidance on remote work requirements and employer obligations. If passed, this bill will introduce several crucial changes to the ESA, particularly regarding job postings, sick leave, and penalties for non-compliance.

Job Postings and Interviews

The new legislation proposes significant changes to how job postings are handled in Ontario. All publicly advertised job postings must now include a statement indicating whether the posting is for an actual vacancy. This change addresses the issue of employers posting jobs merely to gauge market interest, which often leads to job seekers investing time and resources into non-existent opportunities.

This amendment promotes transparency in the hiring process, ensuring that job seekers are aware of genuine opportunities. It discourages employers from using job postings for market research, allowing applicants to trust that there is a real position available.

Additionally, Bill 190 requires employers to provide certain prescribed information to applicants about the interview process within a defined timeframe. This ensures that candidates are well-informed and know what to expect, promoting fairness and transparency.

Employers will also need to retain public job postings and related information for three years after distribution. This retention obligation ensures adherence to the new requirements and promotes accountability.

Sick Leave

Under the current ESA framework, employees who have worked for an employer for at least two consecutive weeks are entitled to an unpaid leave of up to three days per calendar year due to personal illness, injury, or medical emergency. Employers can request reasonable evidence to support the leave.

Bill 190 proposes a significant change by prohibiting employers from requiring a certificate from a “qualified health practitioner” as reasonable evidence. This means that employers can no longer demand a doctor’s note for statutory sick leave.

This amendment aims to protect employee health and privacy, recognizing that obtaining a doctor’s note can be burdensome and strain healthcare resources. Employers can still request other reasonable evidence, such as an employee’s signed declaration stating they cannot work due to sickness.

Penalties

The ESA also sees an increase in the maximum fine for individuals convicted of violating the legislation, raising it from $50,000 to $100,000. This underscores the importance of compliance and the serious consequences of non-adherence.

Amendments to the OHSA

Bill 190 also brings significant amendments to the Occupational Health and Safety Act (OHSA), particularly in defining “workplace,” “workplace harassment,” and “workplace conditions.”

Workplace Definition

Recognizing the rise of remote work, Bill 190 extends OHSA coverage to work performed remotely in private residences. This amendment acknowledges the unique challenges and risks of remote work, requiring employers to ensure that health and safety measures at the physical workplace also apply to home offices. This includes ergonomic assessments, safe equipment use, and proper work procedures.

Employers must also address health and safety concerns in home offices by providing necessary training, equipment, and support to remote employees.

Workplace Harassment and Sexual Harassment

The definitions of “workplace harassment” and “workplace sexual harassment” now include virtual instances of such activities via information and communication technology. This amendment requires employers to create a safe and respectful virtual work environment, setting clear expectations for online behavior and taking swift action against virtual harassment.

Workplace Conditions

The new amendment mandates that employers maintain clean and sanitary washroom facilities, recognizing their importance to worker health and safety. This involves regular cleanings, ensuring the availability of supplies, and promptly addressing any plumbing or sanitation issues.

Key Takeaways

Bill 190, the “Working for Workers Five Act, 2024,” reflects the evolving nature of work and the need for legislation to keep pace. As these changes progress through the legislative process, it’s crucial for both employers and employees to stay informed about their rights and responsibilities. The increased fines for non-compliance emphasize the importance of understanding and adhering to these new legislative changes.

If you have any questions or need assistance with compliance under the ESA and OHSA, please don’t hesitate to reach out to our team at SHRP.