Blog Post
Working for Workers Five Act (Bill 190) Receives Royal Assent
11 Nov 2024
On October 28, 2024, the Working for Workers Five Act (Bill 190) received royal assent and was passed into law in Ontario. This new legislation brings several significant updates to the Ontario Employment Standards Act (ESA) and the Ontario Occupational Health and Safety Act (OHSA).
While some provisions of the Act came into effect on October 28, 2024, others are set to be implemented in the future. Below are some of the key changes that employers and employees should be aware of:
Effective Immediately
- Sick Notes – Employers are not permitted to request a certificate from a qualified health practitioner to substantiate employees’ entitlement to ESA Sick Leave (up to three unpaid days). However, employers retain the right to ask for other forms of evidence, such as an employee attestation. Employers may request a certificate from a qualified health practitioner to substantiate sick time off in excess of the three unpaid-day entitlement (i.e., on the fourth day).
- Increased Fines – The maximum fine for violating the ESA has been increased from $50,000 to $100,000.
- Expanded Definition of Harassment – The definition of workplace harassment and workplace sexual harassment now includes harassment occurring in a virtual workplace.
- Telework Clarification – OHSA now clarifies that the legislation applies to telework or remote work performed in or around a private residence.
- Electronic Posting of Information – Employers are now permitted to post the names and work locations of Joint Health and Safety Committees (JHSC), along with their Health and Safety policies and a copy of the Occupational Health and Safety Act (OHSA), in an easily accessible electronic format instead of displaying them physically in the workplace.
Effective at a Future Date (To Be Determined)
- Job Posting Requirements – Every publicly advertised job posting must include a statement indicating whether it is for an open position that the Company is actively hiring for.
- Response to Applicants – Larger employers will be required to respond to job applicants who have interviewed for publicly advertised job postings with information within a certain timeframe
- Sanitary Washroom Facilities – Employers will be required to ensure that washroom facilities are clean and sanitary, as well as maintain cleaning records.
For more details on the Working for Workers Five Act and all of its updates, please click here.
If you have any questions about these upcoming legislative changes, please reach out to [email protected]
This blog was written by Dahlia Shabsove, HR Advisor for MaxPeople.
For more information about fractional HR services, email [email protected] or call 1.888.709.1236