Summer 2025 Updates for Social Services Employers

Dear Friends,

It has been a few unsettling months, and it looks like there will be more to come. We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization in the hopes it will make managing workplace issues easier.

First, Sean Reginio and Milana Grahovac provide guidance for ongoing remote work arrangements – an area that has grown since the COVID-19 pandemic and presents its own unique challenges.

Next, Stephanie Savoni addresses the issues related to WSIB mental stress claims and provides strategies for navigating the return-to-work process. These types of claims can create challenges tor employers in getting employees back to work and can be more complex and time consuming than for physical injury claims.

Finally, we have a short overview of changes to the Employment Standards Act, 2000 which recently came into force, or will be coming into force in the very near future.

We hope that you find this issue of Reaching Out informative and helpful in your daily operations. If you have any ideas for future editions, please do not hesitate to contact me at michael-smyth@hicksmorley.com. It is our goal to make this publication responsive to the needs of employers in the social services sector, and your input is welcomed.

Michael S. Smyth
Editor

Guidance for Ongoing Remote Work Arrangements

Sean Reginio & Milana Grahovac

When the COVID-19 pandemic started, there was little time to consider the legal implications that came with remote work before sending people to work from home. Although the pandemic has ended, many employers have maintained remote working arrangements for some employees who are not required to come back to the office or work location to perform their duties.

This article will provide a brief overview of issues that an employer should consider if it intends to continue to allow employees to work remotely. Ideally, an employer should develop a remote work policy that identifies the obligations of both the employee and the employer.

A remote work policy should specify that it is a supplement to, and not a replacement for, any terms of employment between employees and the employer.

The remote work policy should, among other things, address the following:

Hours of Work

When managing remote work, ensure the employee’s scheduled hours of work are specified and the hours worked are recorded. It is useful to address any alternative work schedule (including delayed start and end of shift times for various reasons and accommodation requests). Also, identify the process for approval of vacation and overtime hours.

It is also helpful to have in place monitoring mechanisms for tracking the start and the end of the shift. If you do implement these systems, ensure that any mechanisms that are employed to track employees while working from home are captured in your electronic monitoring policy.

Health and Safety

Though the jurisprudence is unclear on whether the Occupational Health and Safety Act (OHSA) applies to work performed in private residences, it is prudent for employers to take some precautions to ensure the home work space is safe.

Having employees complete and sign a workstation self-assessment safety checklist can help address safety hazards and address the employer’s OHSA obligations. In such a checklist, consider making reference to the presence of smoke alarm(s), fire extinguisher(s), first aid supplies, tripping hazards (e.g. extension cords), surge protection, unobstructed exits, lighting (to avoid eye strain) and ergonomic considerations.

If an injury or accident occurs, the employee must immediately report the injury to their supervisor and follow all policies regarding the reporting of injuries for employees injured while at work.

Workers’ Compensation

The Workplace Safety and Insurance Act, 1997 continues to apply to remote workplaces. Employer and employee obligations regarding reporting, premium payments and accommodations continue to be in force.

For employees working remotely outside of Ontario, WSIB coverage is automatically in place for up to six months. The employer may apply to the WSIB to extend coverage beyond six months. Where an employee is working remotely outside of Ontario, employers should also turn their minds to potential registration requirements for workers’ compensation in that province.

Privacy

While working from home, employees must maintain and protect the confidentiality of employer-related information or documentation, whether in electronic or physical form. This must be done at a standard of care consistent with the regular worksite.

Employees should be reminded that the proximity of their cohabitants to sensitive workplace information creates unique privacy risks. These risks extend to telephone and videoconference discussions.

Employer information must be accessed and stored solely on the employer’s systems, and the extent of acceptable use (if any) of the employee’s personal computer, cell phone or other equipment for employer business should be addressed.

Remote Work Agreement

It is often beneficial to confirm the terms of the remote work agreement in writing.

As well as acknowledging the application of the remote work policy, this agreement should confirm the following:

the intended length or term of the arrangement
agreement that the arrangement is subject to review and may be revoked at any time by the employer
agreement that the employee has reviewed the applicable remote work policy
agreement that, should the remote work arrangement be terminated, all company property will be returned to the employer’s premises

Payroll and Tax Implications

Employer must consider the impact of employees working remotely outside of Ontario on payroll deductions and remittances.

In September 2023, the Canada Revenue Agency (CRA) published a new administrative policy that could impact the payroll deductions an employer must make in respect of employees who work fully remotely from a province that differs from the establishment the employee is attached to based on the indicators identified by the CRA. Employers should examine their existing full-time remote work agreements before January 1, 2024, in light of the new administrative policy to determine whether such changes are necessary.

See our recent article on these changes here.

Conclusion

There are a variety of legal implications that can flow from ongoing remote work arrangements, and while we have touched on some of them in this article, it is important to seek legal advice if you are considering entering into these arrangements on a more permanent basis. There may be additional implications where the remote work location is outside the province of Ontario.

If you have employees working remotely consider seeking legal advice from your Hicks Morley lawyer to assist you in navigating the issues in this area.

WSIB Mental Stress Claims: Navigating Return-to-Work Challenges

Stephanie Savoni

Employers face significant challenges when managing the WSIB return-to-work process for mental stress claims. Often, the process is more complex and time-consuming than the return-to-work process for physical injury claims.

Some of the most significant challenges include a lack of communication from the WSIB and the worker, slow recovery, vague and over-broad restrictions, difficulty identifying suitable modified work, and delayed entitlement and functional ability decisions from the WSIB.

While navigating the return-to-work process, employers must also consider their return-to-work co-operation obligations, potential re-employment obligations, availability of modified work, and claims costs, which include loss of earnings and health care benefits among other costs.

There are strategies employers can use to address these challenges, and above all, employers should pursue the return-to-work process proactively. Employers can do the following to ensure that the return-to-work process progresses:

Don’t wait for the WSIB to initiate the return-to-work process.
Contact the case manager on a regular basis for updates regarding treatment and functional abilities information, and schedule regular follow-ups based on medical appointment dates.
Request that the WSIB ensure medical management of the claim, including clarification of diagnosis, restrictions, prognosis, and compensable entitlement.
Request early involvement of a Return-to-Work Specialist to assist with clarifying restrictions, consult with treating practitioners regarding functional abilities and modified work, identify and discuss removal of return-to-work barriers, identify modified work, and discuss job coaching.
Request timely decision making, including permanent restriction and work transition decisions.
Consider appealing WSIB decisions (note the time limit in decision letters).

There is not a one-size-fits-all approach to navigating the return-to-work process for WSIB mental stress claims. However, understanding and addressing the unique challenges of these claims can help employers contribute to the best possible outcome while minimizing claims costs, meeting return-to-work obligations, and helping workers reach their recovery goals.

Important Changes to the Employment Standards Act, 2000

Michael S. Smyth

A reminder that a number of amendments to the Employment Standards Act, 2000 (ESA) have recently come into force, or will in the near future. We urge you to reach out to your regular Hicks Morley lawyer in order to get more details on these changes and how they affect your workplace. We have briefly highlighted them below.

New Unpaid Long-Term Illness Leave

As of June 19, 2025, employees with at least 13 weeks of consecutive employment who are unable to work due to a “serious medical condition” may be eligible for a new unpaid long-term illness leave of up to 27 weeks in a 52-week period. There is also no requirement that the 27 weeks be consecutive, although it is deemed to be taken in entire weeks. Standard ESA provisions will apply to this leave including benefits continuation, protection against reprisal for taking the leave, and reinstatement to employment at the end of the leave.

Two conditions must be met to trigger the leave: 1) the employee will not be performing work because of a “serious medical condition” and 2) a qualified health practitioner issues a certificate stating that the employee has a serious medical condition and sets out the period during which the employee will not be working. The leave will raise a number of issues, and it will be important to assess how this leave interacts with any existing disability leaves that you currently provide.

New Requirements to Provide Information to Employees

On July 1, 2025, employers with 25 or more employees will have new obligations to provide prescribed information to employees in writing before their first day or work, or if that is not practicable, as soon as reasonably possible after the first day of work.

This information includes the following:

names of the parties to the employment relationship
job title and a brief description of duties and responsibilities
address of the ordinary place of work
start date and term of employment
duration of probationary period, if any
description of the necessary qualifications for the position and any required training
hours of work and information regarding overtime hours
rate of salary and rate of overtime pay
frequency of pay days and frequency of payment of other remuneration (including any mandatory deductions)
information about how the employee can claim reimbursement of reasonable work-related expenses

Much of this information will likely already be part of your normal offer letters, but some of it may not.

New Requirements for Publicly Advertised Job Postings

On January 1, 2026, new rules will come into force regarding publicly advertised job postings the information that must be included, and the employer’s record-keeping obligations. Publicly advertised job posting means “an external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner.” It does not include a general recruitment campaign or a posting restricted to existing employees of the employer. Such postings must include information about the expected compensation or range of expected compensation (although there is an exemption if compensation or upper limit range exceeds $200,000). Postings and associated application form cannot include any requirement related to Canadian experience, and postings must include a statement on whether the posting is for an existing vacancy. An employer must disclose in a posting if it uses artificial intelligence to screen, assess or select applicants. If an employer interviews an applicant for a posting, it must advise the applicant whether a hiring decision has been made within 45 days of the applicant’s final interview. In addition, employers must keep every publicly advertised job posting and associated application form for three years after public access to the posting is removed, and must keep a record of information provided to applicants who have been interviewed for three years after it was provided to the applicant.

New Placement of a Child Leave: Effective Date Not Yet Announced

Finally, although no in force date has been announced, a new placement of child leave will be coming in the future. This is designed to parallel pregnancy leave but in adoption and surrogacy situations, and will be in addition to parental leave currently available. The leave will be triggered by the placement/arrival of a child in an employee’s custody, care and control for the first time for the purposes of adoption or where the person who gave birth to the child is a surrogate. To be eligible, the employee must have been employed for 13 consecutive weeks or more. The leave must be taken in a single period of up to 16 weeks. While it can be shared by parents, the total leave time cannot exceed 16 weeks. Employers can request evidence reasonable in the circumstances to support the leave.

Please do not hesitate to reach out to your regular Hicks Morley lawyer if you have any questions on these changes and how they affect your workplace.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©