Are you ready for Bill 190’s impact on your dental practice? In May 2024, the Ontario government introduced Bill 190, the fifth installment of ongoing legislative efforts aimed at improving labour conditions and workers’ rights. Known as the Working for Workers Five Act, 2024, the bill officially received Royal Assent in the Legislative Assembly on October 28, 2024.
As a dentist, you may be wondering how these changes affect you and your dental practice. What actions do you need to take to remain compliant? This post will provide an overview of the key changes most relevant to dental practices and any actions you need to take.
Navigating Compliance: Legislative Changes Under Bill 190
1. No Sick Leave Documentation Requirements
One of the most talked-about provisions in the new legislation is the removal of mandatory sick leave documentation. Under the new legislation, employers may no longer require employees to provide evidence from a qualified health practitioner when taking sick leave. This change aims to protect employee privacy and encourage a more trust-based work environment. It also hopes to reduce the strain on healthcare resources by eliminating unnecessary appointments solely for documentation.
What This Means for Your Practice:
- Update your employee policies by removing any language in your office manual/policies that require employees to submit sick notes.
- Update your HR or practice management software to remove sick leave documentation requests and ensure payroll systems are aligned with the new rules.
2. Increased Fines for ESA Violations
The maximum fine for individuals convicted of breaching the ESA has increased to $100,000, doubling its previous limit of $50,000. The increase reflects the government’s commitment to enforcing labour standards.
What This Means for Your Practice:
- As an employer, you must be vigilant in reviewing all your contracts and policies to ensure compliance with all ESA requirements. Investing in a review now could avoid costly penalties in the future.
3. Job Posting Requirements
Bill 190 also requires employers to disclose whether or not a vacancy exists in any publicly advertised job posting and to respond to applicants regarding interviews within a specified timeframe. Any relevant information is to be retained by the employer for three years. This amendment promotes transparency in the hiring process and protects candidates from misleading job postings, which are posted to “test the market” instead of filling actual positions.
What This Means for Your Practice:
- Adjust your hiring processes to include the retention of applicant details for at least three years.
- Ensure all public postings for job opportunities reflect genuine vacancies and comply with the new legislation.
Adapting Beyond Compliance: Building a Positive Work Culture
Bill 190 emphasizes creating trust-based work environments. As a dentist, you already understand the importance of patient care and trust; these same principles can be applied to managing your team. For example, having an open-door policy for employees to discuss concerns and encourage their input on ways to improve the work environment can foster mutual respect and trust.
- Encourage open communication: Without formal sick leave documentation, promoting transparency is crucial. Consider having informal check-ins with employees to discuss their return to work or any challenges they may face.
- Plan for Workforce Flexibility: With stricter temporary worker protections, consider how you manage your team. Offering perks like flexible scheduling or retention bonuses may help you stay competitive and retain talent.
Bottom Line
Navigating new employment laws can seem daunting, but staying compliant doesn’t have to be overwhelming. The key is to adopt a proactive approach by making small but important changes to your policies, contracts, and systems.
If you need help with policy updates or want to ensure your employee agreements reflect the latest legislative changes, contact us for a consultation. Our Employment Law team is dedicated to helping dentists understand and minimize the risks associated with being an employer. Send us an email or give our employment team a call at 416-443-9280.
And stay tuned for more changes! Pay transparency requirements and stricter monitoring and privacy guidelines for practices with remote administrative employees are still under discussion. Proactively staying on top of these potential changes will keep your practice compliant and protect you from unexpected risks.
