The law of employment is like Canadian weather, always changing and sometimes unpredictable.
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In Ontario, another set of changes to employment legislation in late 2024 called Bill 190 – Working for Workers Five Act, 2024 – has created immediate obligations for most Ontario employers.
Here’s what you need to know about how your workplace is impacted by the new law.
If an employee is off sick, the Employment Standards Act (ESA) no longer permits an employer to request a certificate from a “qualified health practitioner” to support the absence. The ESA guarantees employees three unpaid sick days each year. So, if an employer offers paid sick days, it too will be limited from requesting a sick note for the first three days of absence.
Employers will think twice about offering paid sick leave, as they will not be permitted to seek a medical note to support absences. Employers will also have to update current policies and contracts to ensure that their sick leave policies are compliant with the new law on sick days.
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