Several important changes to the Employment Standards Act (ESA) are set to take effect soon in Ontario. These updates, introduced under the Working for Workers Five Act and Working for Workers Six Act, aim to address various employment-related issues and may have a significant impact on businesses. Here’s an overview of what to expect.
New Long-Term Illness Leave: Coming June 19, 2025
The Ontario government’s recent legislative amendments introduced a new long-term illness leave, effective June 19, 2025. This new leave allows employees to take up to 27 weeks of unpaid leave within 52 weeks due to a serious medical condition. To qualify, an employee must have been employed for at least 13 consecutive weeks and provide a certificate from a qualified health professional stating the duration of the illness.
Importantly, this leave is not required to be taken consecutively, and it can be extended if the employee’s condition persists or if a new medical issue arises. Employers will need to review how this new leave interacts with existing benefits, disability policies, and accommodation requirements under the Human Rights Code. Employers may also want to develop strategies to manage intermittent leave, as its non-consecutive nature could lead to operational challenges.
New Information Requirements for Employers: Effective July 1, 2025
Starting July 1, 2025, Ontario employers with 25 or more employees will need to provide certain information to their employees before the first day of work, or as soon after as possible. The following details must be provided in writing:
- The legal name of the employer, including any operating or business name if different.
- Employer contact information, such as address, phone number, and contact names.
- A general description of the employee’s initial work location.
- The employee’s starting wage or commission rate.
- The pay period and payday schedule.
- A general overview of the anticipated hours of work.
This information should be included in employment agreements or job offers, ensuring clarity from the outset. Note that temporary help agencies’ assignment employees are exempt from this requirement, given other existing obligations under the ESA.
New Requirements for Publicly Advertised Job Postings: Coming January 1, 2026
Beginning January 1, 2026, new rules will apply to publicly advertised job postings by employers with 25 or more employees. These new regulations aim to increase transparency and fairness in the hiring process. Among the key changes:
- Pay Transparency: Employers must disclose the expected salary or compensation range in job postings. If the upper limit of the range exceeds $200,000, this requirement does not apply. However, the salary range must be between $50,000 and $200,000.
- No Canadian Experience Requirement: Job postings can no longer list Canadian experience as a requirement, making it easier for foreign-trained professionals to apply for jobs in Ontario.
- Vacancy Status: Employers must indicate whether the job is for an existing vacancy.
- Use of Artificial Intelligence: If AI is used to screen, assess, or select applicants, the job posting must disclose this fact.
- Interview Notifications: Employers must inform candidates within 45 days of their final interview about the hiring decision, whether the candidate was successful or not.
- Record-Keeping: Employers must keep copies of job postings, applications, and all relevant information for at least three years after the posting is removed from public access.
New Placement of a Child Leave: Date Still Pending
Placement of a Child Leave is another new provision under the Working for Workers Six Act, 2024. This leave, which will be available to employees involved in the adoption or surrogacy process, offers up to 16 weeks of unpaid leave. The leave can be taken only once and is specifically intended for employees who are placing a child into their custody for the first time.
Though the effective date has yet to be confirmed, this leave mirrors the existing pregnancy leave provisions in the ESA, ensuring that adoptive or surrogate parents receive the same protections as biological parents. Employers with top-up plans for pregnancy and parental leave will need to assess how this new leave may impact their benefits and policies.
What Employers Need to Do
Employers should start preparing for these upcoming changes by reviewing their employee policies, employment contracts, and leave management strategies. It’s essential to stay ahead of these developments to ensure compliance and minimize disruption to operations. Employers should also begin reviewing their recruitment processes to comply with new job posting requirements and consider how they can adjust their workplace policies for the new long-term illness and child placement leaves.
Don’t wait for these changes to take effect—contact our HR services team today to ensure you’re fully prepared. We’re here to guide you through these updates and help you implement them.
