As Ontario employers move into 2026, several recent and upcoming Employment Standards Act (ESA) changes will directly affect workplace policies, hiring practices, and leave management. These updates, introduced under the Working for Workers Five Act and Working for Workers Six Act, require employers to review their current practices to ensure compliance and reduce risk.
Below is a summary of what is now in effect, what is coming in 2026, and what employers should be preparing for.
Long Term Illness Leave (Now in Effect as of June 19, 2025)
Ontario has introduced a new long term illness leave that allows eligible employees to take up to 27 weeks of unpaid, job protected leave within a 52 week period due to a serious medical condition.
To qualify, an employee must:
– Have at least 13 consecutive weeks of employment
– Provide a certificate from a qualified health professional confirming the illness and expected duration
This leave does not need to be taken consecutively and may be taken intermittently. It may also be extended if the condition continues or a new qualifying medical condition arises.
Employers should review how this leave interacts with existing disability benefits, sick leave programs, and accommodation obligations under the Ontario Human Rights Code. Managers should be trained on reprisal protections, as employees are legally protected from discipline or termination for taking this ESA leave. Employers may also need to plan for the operational impact of intermittent absences.
New Information Requirements for Employees (Now in Effect as of July 1, 2025)
Employers with 25 or more employees are required to provide specific written information to employees before their first day of work or as soon as reasonably possible after employment begins.
Required information includes:
– Legal name of the employer and any operating or business name
– Employer contact information
– A general description of the employee’s initial work location
– Starting wage or commission structure
– Pay period and pay day
– A general description of anticipated hours of work
This information is typically provided through offer letters, employment agreements, or onboarding documentation. Employers should ensure this information is accurate at the time it is provided and retain proof of delivery, as records may be requested during an ESA inspection. Temporary help agency assignment employees are exempt due to existing statutory requirements.
Publicly Advertised Job Posting Requirements (Effective January 1, 2026)
Beginning January 1, 2026, employers with 25 or more employees must comply with new rules designed to improve transparency and fairness in recruitment.
Key requirements include:
Pay Transparency
Job postings must include the expected salary or compensation range. This requirement applies when the upper limit of the range falls between $50,000 and $200,000. Employers should ensure ranges are genuine and reflect reasonable expectations for the role.
No Canadian Experience Requirement
Job postings may no longer require Canadian experience, supporting equitable access to employment for internationally trained candidates.
Vacancy Disclosure
Employers must indicate whether a posting is for an existing vacancy.
Use of Artificial Intelligence
If artificial intelligence is used to screen, assess, or select applicants, this must be disclosed in the job posting. This includes resume screening software, automated ranking tools, or AI driven assessments, even when provided by third party vendors.
Interview Outcome Notification
Candidates must be informed of the hiring decision within 45 days of their final interview, regardless of the outcome.
Record Retention
Employers must retain copies of job postings, applications, and related hiring records for at least three years after the posting is removed from public access. These records must be available if requested during an ESA inspection.
Placement of a Child Leave (Date to Be Confirmed)
The Working for Workers Six Act, 2024 introduces a new placement of a child leave for employees involved in adoption or surrogacy. This leave provides up to 16 weeks of unpaid, job protected leave and may be taken only once by an employee who is placing a child into their care for the first time.
Although the effective date has not yet been proclaimed, the leave mirrors existing pregnancy leave protections under the ESA. Employers with parental or pregnancy leave top up programs should begin assessing how this new leave may impact benefit plans and internal policies.
What Employers Should Do in 2026
To remain compliant and minimize disruption, employers should take proactive steps to prepare for these ESA changes.
2026 ESA Compliance Checklist
- Review and update leave of absence policies
- Train managers on long term illness leave and reprisal protections
- Update offer letter and onboarding templates
- Audit job postings for pay transparency, AI disclosures, and vacancy statements
- Confirm record retention practices meet new ESA requirements
- Monitor regulatory updates for the placement of a child leave effective date
Proactive compliance supports employee trust, reduces legal risk, and helps avoid costly ESA complaints and inspections.
If you need assistance reviewing policies, updating documentation, or training managers, our HR services team is here to help you navigate these changes with confidence.
