Ontario’s legal landscape for employment policies is changing rapidly. Between recent amendments to the Employment Standards Act (ESA), new pay transparency and job posting rules, and evolving leave entitlements, many employer HR / policy documents are now partially or wholly outdated. Waiting increases legal and reputational risk, so here’s what employers should update now.
Key Takeaways
- Employers with 25 or more employees must provide written details to new hires by July 1, 2025, including salary, hours, pay periods, and employer contact info.
- Public job postings must comply with upcoming rules effective January 1, 2026: include compensation ranges, no “Canadian experience” requirements, AI usage disclosure, vacancy status, and record-keeping.
- New leaves, like long-term illness leave (27 weeks) and more protective medical accommodation policies, require updates in leave-handling, documentation, and internal policy alignment.
- Policy documents like offer letters, job descriptions, HR handbooks, remote/hybrid work policies, and equity and inclusion statements should be reviewed for compliance with new legislation (ESA amendments, Working for Workers Acts).
- Being proactive now helps avoid penalties, improves recruitment transparency, reduces legal risk, and enhances workplace culture.
1. New Hire Disclosures (Effective July 1, 2025)
- Employers with 25+ employees must provide written notice to new employees before their first day (or as soon after as reasonably possible) that includes: employer’s legal and operating name, employer contact info, job location, starting wage or commission, pay period details, and anticipated hours.
- Action step: Audit offer letters / onboarding docs; ensure templates contain all required fields. Train HR or whoever handles hiring to deliver these disclosures on time.
2. Public Job Posting Rules (Starting January 1, 2026)
- Job postings by employers with 25+ staff must include: a compensation range (or expected pay), whether the position is for an actual vacancy, whether “Canadian experience” is required (if so only if truly necessary), and if AI is used in the hiring process.
- Employers must also keep records of job postings, application forms, communication with candidates, and interview outcomes for at least three years.
- Action step: Update job posting templates, revise HR approval workflows, ensure ATS (Applicant Tracking Systems) or tracking systems support record-keeping.
3. Leave and Accommodation Policies
- Ontario introduced Long-Term Illness Leave: Starting June 19, 2025, eligible employees (after 13 weeks service) are entitled to up to 27 weeks unpaid leave for serious medical conditions.
- New “placement of child” leave (for adoption or surrogacy) is expected under the Working for Workers Act series.
- Employers should ensure disability, medical leave, and accommodation policies are updated to reflect their obligations, and ensure leave-tracking systems and return-to-work / accommodation protocols are in place.
4. Job Descriptions, Remote & Hybrid Work, Off-Duty Policies
- Review job descriptions: older ones may include “Canadian experience” which is likely no longer valid.
- Hybrid and remote work policies should be updated to reflect actual practice, flexibility, location of work, resource provision, and data security / privacy concerns.
- Off-duty conduct / social media policies should be reviewed with the lens of modern expectations and legal limits (human rights, privacy, free expression).
5. Pay Transparency & Equity
- Under Bill 149 / Regulation 476/24, pay transparency obligations require pay or salary ranges in public postings, disclosure of AI use, etc.
- Pay equity audit / compliance may need refreshing, especially for firms that haven’t looked at internal pay disparities recently.
- Ensure policies address equal pay, equitable job classes, bonus disparities, and avoid bias in promotion, pay, or bonus criteria.
Key Risks of Outdated Policies
- Regulatory fines, legal claims or class actions
- Vulnerability to human rights or labour standards complaints
- Damage to employer brand, recruitment/retention issues
- Inconsistent application leading to internal disputes
What Employers Should Do Now (Action Plan)
| Task | Priority |
|---|---|
| Audit all HR / hiring / leave policy documents for compliance with the new ESA amendments | High |
| Update offer letters, onboarding documents, and job description templates | High |
| Train HR teams on required disclosures and record-keeping practices | Medium |
| Review and refresh hybrid/remote work and off-duty conduct policies | Medium |
| Perform internal audit into pay equity, bonuses, and internal job classifications | Medium |
| Prepare record retention system for job postings / candidate data | High |
Get Legal Help to Update Your HR Practices
At Greenwood Law, we help employers update their policies and practices to stay ahead of legal changes. From reviewing your current HR handbook to rewriting job posting templates or assisting with leave / accommodation protocols, we provide strategic legal counsel tailored to your organization’s size, sector, and risk tolerance.
Let’s work together, contact us today to schedule a policy audit or HR compliance review, and protect your organization from costly updates down the road.
