Employment Update: Reminder to Employers Regarding Imminent Changes to Ontario Workplace Legislation

Further to our previous employment updates on November 27, 2024, and December 18, 2024, certain legislative changes made under the Working for Workers Five Act, 2024 and the Working for Workers Six Act, 2024 are soon coming into effect. These new requirements are made under the Employment Standards Act, 2000 (“ESA”) and the Occupational Health and Safety Act, 1990 (“OHSA”). We have highlighted some of the key changes and the dates employers should be aware of below.

AMENDMENTS TO THE ESA

Unpaid Leave for a Serious Medical Condition

Effective June 19, 2025, employees with at least 13 weeks of service will be entitled to a new unpaid leave of up to 27 weeks, if the employee is unable to perform the duties of their position as a result of a serious medical condition. Employers are entitled to request a medical certificate from a qualified health practitioner setting out the period in which the employee will not be working because of the serious medical condition. Employers must retain records that relate to an employee taking this leave for 3 years after the day on which the leave expired.

Employee Information on Hiring

Effective July 1, 2025, employers with 25 or more employees will be required to provide newly hired employees with the following information in writing before their first day of work or as soon as reasonably possible thereafter:

• Legal name: The legal name of the employer, as well as any operating or business name of the employer if different from the legal name.
• Contact info: Contact information for the employer, including address, telephone number and one or more contact names.
• Location: A general description of where it is anticipated that the employee will initially perform work.
• Starting pay: The employee’s starting hourly or other wage rate or commission, as applicable.
• Pay period / pay day: The pay period and pay day established by the employer in accordance with subsection 11(1) of the ESA.
• Hours of work: A general description of the employee’s initial anticipated hours of work.

The full text of the regulation regarding employee information on hiring can be found here.

AMENDMENTS TO THE OHSA

Clean Washroom Facilities

Effective July 1, 2025, employers and constructors will be required to ensure that washroom facilities provided to workers are clean and sanitary, and maintain cleaning records, as prescribed.

The regulation regarding employer and constructor obligations with respect to cleaning records will come into force on January 1, 2026. This regulation will require that the cleaning records be posted:

• In a conspicuous place in or near the washroom facility to which the record pertains where it is likely to come to the attention of workers; or
• Electronically where it can be accessed by workers, and workers are provided with direction on where and how to access the records.

The posted cleaning records must include the date and time of the two most recent cleanings of the washroom facility.

The full text of the regulation regarding washroom cleaning can be found here.

TAKEAWAY

Employers should take note of these imminent legislative changes and implement appropriate changes to their workplace practices and policies to ensure compliance. We will stay apprised of future developments and provide further updates as necessary.

If you have questions about the upcoming changes, or how they might impact your workplace, please reach out to a member of Blaney’s Labour and Employment Group.