All references are to the Employment Standards Act, 2000, S.O. 2000, CHAPTER 41 unless noted otherwise.
|HOURS OF WORK||8 hours per day max
48 hours weekly max 17(1)(b)
Ability to extend on agreement or with approval 17(3)
|EATING PERIODS||30 minutes at intervals that will
result in the employee working no more than five consecutive hours
without an eating period: 20(1)
Upon agreement, two eating periods that together total at least 30 minutes in each consecutive five-hour period: 20(2).
|REST PERIODS||At least 11 consecutive hours free
from performing work in each day: 18(1). But does
not apply to an employee who is on call and called in during a
period in which that employee would not otherwise be expected to be
At least eight hours free from the performance of work between shifts, unless the total time worked on successive shifts does not exceed 13 hours or unless the employer and the employee agree otherwise: 18(3)
Weekly, the period free from work must be: 18(4)
Allowance for exceptional circumstances in which an employer may require an employee to work more than the maximum number of hours, or during period that is required to be free from work. Must be necessary "to avoid serious interference with the ordinary working of the employer's establishment or operations" 19
|OVERTIME||Overtime threshold is 44 hours
weekly. Employer must pay overtime at least one and one-half times
regular rate for each hour in excess of threshold: 22(1)
Employee's hours of work may be averaged over separate, non-overlapping, contiguous periods of two or more consecutive weeks for the purpose of determining the employee's entitlement, if any, to overtime pay if: 22(2)
Certain type of jobs are specifically exempted from the overtime provisions by way of regulation. For example, a person whose work is supervisory or managerial in character, a taxi driver, IT professional. See O. Reg 285/01 s. 8 for full exemptions.
|MINIMUM WAGE||Employers required to pay minimum
wage as prescribed by regulation: 23(1)
As of June 1, 2014 general minimum wage rate is $11 per hour. O. Reg 285/01 5(1). There are exceptions to general rate for:
Certain jobs are also exempt from minimum wage requirements: i.e. person employed as a student to instruct or supervise children, or a person employed as a student at a camp for children. See O. Reg 285/01 7 for full exemptions.
|VACATION||Employers required to provide at least two weeks of vacation after each vacation entitlement year is completed. 33(1) Employer entitled to determine timing, subject to certain restrictions: 35|
|HOLIDAY||Public holidays include: New
Year's Day, Family Day, Good Friday, Victoria Day, Canada Day,
Labour Day, Thanksgiving Day, Christmas Day, December 26:
If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer is required to give the employee the day off work and pay him or her public holiday pay for that day: 26(1). Public holiday pay is basically their regular wage (calculated as the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20): 24(1)(a)
Certain operations may require an employee to work on a public holiday (i.e. hospital, hotel, tourist resort, restaurant): 28(1). In such cases, the employer is required to pay the employee regular wages and substitute another ordinary working day for the employee to take off work instead or, pay the employee public holiday pay plus premium pay for each hour worked that day: 28(2)
|EQUAL PAY||Employers are prohibited from paying
an employee of one sex at a rate of pay less than the rate paid to
an employee of the other sex if they perform substantially the same
work, their performance requires the same
skill/effort/responsibility and work is performed under similar
working condition: 42(1)
The requirement does not apply when the difference in the rate of pay is a result of any of the following factors: 42(2)
|LEAVES OF ABSENCE||PREGNANCY - 17 weeks, if employed for
at least 13 weeks prior to commencement: 46(1) May
begin no earlier than the earlier of 17 weeks prior to due date or
the day the employee gives birth: 46(2). May begin
no later than the earlier of the employee's due date or the
date on which she gives birth: 46(3.1). Employees
required to give written notice prior to leave, and of any changes
to the date for the leave: 46(4),(5) and
PARENTAL - 35 weeks if employee has taken pregnancy leave, 37 weeks if taking parental leave only, so long as employee has been employed for at least 13 weeks: 48(1) and 49(1). May begin no later than 52 weeks after the birth of the child, or after the child comes into the custody, care and control of the employee for the first time: 48(2), and must be taken immediately following a pregnancy leave if applicable: 48(3). Employees are required to give written notice prior to the leave, as well as if there are any changes to the date for the leave: 48(4),(5) and (6) and 49(2),(3) and (4)
FAMILY MEDICAL - up to eight weeks to provide care or support to a spouse, parent, step-parent, foster parent, child, step-child, foster child if a qualified health care practitioner provides a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or shorter: 49.1(2)(3). Employee must provide written notice to employer: 49.1(8) and (9)
ORGAN DONOR - Up to 13 weeks, if already employed for at least 13 weeks 49.2(3) and (5). Can extend if medically necessary, to a maximum of an additional 13 weeks: 49.2(6) and (7)
FAMILY CAREGIVER - (To come into effect October 29, 2014). Up to eight weeks without pay to provide care or support to a spouse, parent, step-parent, foster parent (of the employee or the employee's spouse), child, step-child or foster child (of the employee or the employee's spouse), grandparent, step-grandparent, grandchild, step-grandchild (of the employee or the employee's spouse), the spouse of a child of the employee, brother or sister of the employee, a dependent relative: 49.3(2),(4) and (5). Care must relate to a serious medical condition but may include a condition that is chronic or episodic: 49.3(3) Employee required to provide written notice and, if requested, medical documentation: 49.3(6),(7) and (8). This leave is in addition to Family Medical Leave, if applicable.
CRITICALLY ILL CHILD CARE - (To come into effect October 29, 2014). Up to 37 weeks without pay, if employee has been employed for at least six months, to provide care or support to a critically ill child. Medical practitioner must provide certificate stating the child requires the care of one or more parents and setting out the period for which care is required: 49.4(2) and (3). Employee required to give notice in writing: 49.4(14),(15) and (16). This leave can be taken in addition to any entitlement to Family Medical or Family Caregiver leaves: 49.4(18)
CRIME RELATED CHILD DEATH OR DISAPPEARANCE - (To come into effect October 29, 2014). Up to 104 weeks without pay, if employed for at least six consecutive months, if a child of the employee dies and it is probably that the child died as the result of a crime: 49.5(2). Up to 52 weeks without pay, if employed for at least six consecutive months, if a child of the employee disappears and it is probable that the child disappeared as a result of a crime: 49.5(3). Does not apply in circumstances where the employee has been charged with a crime: 49.5(4). Employee must provide written notice: 49.5(14),(15) and (16). Employer entitled to evidence reasonable in the circumstances of employee's entitlement to leave: 49.5(17). The leave is in addition to any entitlement to Family Medical, Family Caregiver and Critically Ill Child Care leaves: 49.5(18).
PERSONAL EMERGENCY LEAVE - Up to 10 days without pay: 50(5), if employer regularly employs 50 or more employees: 50(1), because of 1) personal illness, injury, medical emergency 2) the death, illness, injury or medical emergency, or an urgent matter that concerns, one of the following individuals:
DECLARED EMERGENCY - Employees are entitled to leave without pay
if they will not be performing the duties of the position because
of an emergency declared under the Emergency Management and
Civil Protection Act: 50.1(1). Leave can
extend until date emergency terminates: 50.1(6).
Employee must provide written notice: 50.2(10)
|TERMINATION/SEVERANCE||Written notice of termination
required after 3 months of employment: 54. Notice
requirement is one week if employed less than a year, one week per
completed year of service after that: 57. During
period of notice, employers are required to maintain the
employee's current conditions of employment, including wages
and benefits: 60(1).
Employees entitled to severance pay where employed for five years or more, and: 64(1)
Severance is calculated at one week per year of completed service: 65(1)
|EXEMPTIONS||Certain categories of employees are
exempt from the provisions of the Act related to hours of work,
eating periods, rest periods, overtime, minimum wage and vacation.
These categories are prescribed by regulation O. Reg 285/01
s. 2, and are:
There are special rules/exemptions for those employed as fruit, vegetable and tobacco harvesters O. Reg 285/01 sections 24-27, as well as for those employed on farms O. Reg 285/01 s. 2(2)