Ontario Employment Standards Act: A Quick Guide for Employers

The Ontario Employment Standards Act 2000 (ESA) is the legislation used to regulate employment in Ontario. It applies to most workplaces in the province with some exceptions, such as federal employees and some other special categories.

What is the purpose of the Ontario Employment Standards Act?

The Employment Standards Act Ontario sets down the minimum standards for basic conditions of employment, including wages, leaves of absence, work hours, overtime, and notice and severance pay obligations upon termination. It also lays out the legal rights and duties of employers and employees.

The minimum standards set down in the ESA cannot be ignored by employers. They apply to most provincially regulated workplaces even if employers don’t include them in their employment contracts.

However, the ESA standards are required as a basic minimum. If employers wish to, they can provide greater benefits and rights to their employees.

It is important that employers are aware of ESA provisions. Ontario employers covered by the ESA must provide a copy of the Employment Standards Poster to their workforce. It can be downloaded for free from the  Government of Ontario website.

Who is not covered by the Ontario Employment Standards Act?

The Ontario ESA does not cover the following industries and jobs:

• Politicians, judges, religious officials, or elected trade union officials
• Police officers (But Part XVI of the ESA Ontario that covers lie detector sections does apply)
• People participating in the Community Participation Program under the Ontario Works program
• Inmates participating in work or rehabilitation programs
• Young offenders carrying out work as part of a sentence or court order
• Post-secondary students working in co-operative or work experience programs approved by their college or university
• Secondary school students employed as part of co-operative programs authorized by their school board
• Employees in federally regulated industries, such as airlines, banks, post offices, etc.

ESA Ontario also contains special rules and exemptions for job categories, such as manufacturing, construction, landscaping, hospitality services, agriculture, etc., and other industries and jobs, such as student employees, homeworkers, embalmers, and funeral directors.

What are some major areas of employment covered under ESA Ontario?

Here are some important subjects covered by the Ontario Employment Standards Act.

Hours of work

There is a daily and weekly limit on the maximum number of work hours. The daily limit is eight hours or the number of hours in an established regular workday, if it is more than eight.

The weekly limit is 48 hours. Both the daily and weekly limit can be exceeded only if there is an electronic or written agreement between the employee and employer. However, such an agreement to work additional hours does not exempt an employer from paying overtime wages where overtime hours are worked.

For such an agreement to be valid, the employer must provide the most recent information sheet for employees about hours of work and overtime pay created by the Director of Employment Standards. In the agreement, the employee must acknowledge receipt of the information sheet.

An overtime agreement can be cancelled if the employee gives two weeks’ notice in writing or electronically. The employer can cancel the agreement by providing reasonable notice.

Please note that while commuting time is not included in work hours, work-related travel and training is.

Rest periods

Employees must have at least 11 consecutive hours off work each day. This daily rest requirement holds even if it has been agreed that the employee’s hours of work will exceed the daily or weekly limit. But it does not apply to employees on call.

Unless they are working a split shift, your employees must have at least eight hours off work between shifts. But if the total time worked on both shifts is not more than 13 hours, then this rule does not apply. An employee and employer can agree in writing or electronically the employee will get less than eight hours off work between shifts.

Employees must receive at least 24 consecutive hours off work in each work week or 48 consecutive hours off work in every period of two consecutive work weeks. These rules may be altered in exceptional circumstances.

What is the 3-hour rule in Ontario?

Under the 3-hour rule, if an employee is required by the employer to come into work for less than three hours, the employer must pay the employee for 3 hours at minimum. But this rule only applies if the employee regularly works more than three hours every day and is available on that day, too, to work more than 3 hours.

Are 15-minute breaks required by law in Ontario?

Under the Ontario Employment Standards Act, an employee must get a 30-minute meal break in a five-hour shift. But if both parties agree, the 30-minute break can also be divided into two 15-minute breaks away from work within that five-hour shift.

Minimum wage

Minimum wage is the lowest wage an employer can legally pay their staff. The employer is free to pay more but cannot pay less than the minimum wage set down in Ontario’s Employment Standards Act.

Employees eligible for minimum wage include full-time, part-time, casual employees or those paid an hourly rate, commission, piece rate, flat rate, or salary.

While a general minimum wage applies to most workers, it is different for students, homeworkers, and hunting and fishing guides. Some industries are exempt from the minimum wage provisions of ESA Ontario.

The current minimum wage in Ontario is $17.95 per hour. The current student minimum wage is $16.90 per hour.

Vacation time and pay

Most employees are entitled to two weeks of vacation time after every 12-month vacation entitlement year. Employees with five or more years of employment earn three weeks of vacation time.

Employees must be paid at least 4% or 6% of their gross wages as vacation pay, depending on their years of service.

An employee’s job contract or a collective agreement may provide a higher benefit or right when it comes to vacation time and/or pay.

Payment of wages

All employees must be paid wages earned in a pay period on a regular, recurring pay day. They must receive a pay statement that clearly mentions the pay period, gross wages, net wages, deductions on or before their pay day. The wages can be paid via cash, cheque, or direct deposit into the employee’s bank account.

Public holidays

Ontario has nine public holidays:

New Year’s Day

Family Day

Good Friday

Victoria Day

Canada Day

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Remembrance Day (November 11) is not a statutory holiday in Ontario, though some employers still give their staff the day off. Civic Holiday (the first Monday of August) is an optional holiday for provincially regulated employers. Country-wide companies should note that Ontario is the only province where Boxing Day is a statutory holiday.

An employee is generally entitled to take all statutory holidays off work and be paid public holiday pay.

Leaves of Absence

Employees in Ontario are entitled to several types of unpaid, job-protected leaves of absence provided they meet the eligibility criteria.

Employers can’t terminate, punish, or threaten employees for using any of these leaves. Generally, an employee must inform the employer before starting any leave available to them under the Ontario Employment Standards Act. They may be asked to give evidence “reasonable in the circumstances” that shows they are eligible for a particular leave.

Job-seeking leave (effective November 27, 2025)

Introduced as an amendment under Bill 30, the job-seeking leave is an unpaid leave of absence designed to assist employees impacted by mass terminations. This leave allows eligible employees to engage in job-search activities, such as attending interviews, updating resumes, or participating in training sessions, during their notice period.

Eligibility

This leave applies specifically to employees who receive notice of termination as part of a “mass termination” (generally defined under Section 58 as the termination of 50 or more employees at a single establishment within a four-week period).

Entitlements

Eligible employees can take up to three unpaid days of leave during their statutory notice period.

Exceptions

Employees are not entitled to this leave if the employer provides pay in lieu of notice for the entire notice period, or if the working notice provided is 25% or less of the total required statutory notice.

Employer obligations & rights under the job-seeking leave

• Employees must advise the employer at least three days in advance of taking the leave, where circumstances permit.
• Employers retain the right under Subsection (6) to request “evidence reasonable in the circumstances” to validate the leave request. Acceptable evidence may include interview confirmations, job fair registration receipts, or enrollment confirmation for training programs.
• If an employee requests a partial day off (e.g., two hours for an interview), the employer has the discretion to deem the employee to have taken one full day of the three-day entitlement for tracking purposes.

Placement of a Child Leave

Placement of a Child Leave can be taken upon the placement or arrival of a child into the employee's custody, care, and control through adoption or surrogacy. 

Employees employed for at least 13 weeks are eligible for this unpaid leave of up to 16 weeks. Eligible employees must give at least two weeks' written notice before starting the leave. Employers may request reasonable evidence of entitlement. 

Pregnancy and parental leave

These are two separate leaves. Eligible employees who are pregnant can take pregnancy leave of up to 17 weeks of unpaid time off work.

Birth mothers are entitled to up to 61 weeks of leave. They may take both pregnancy and parental leave. Birth mothers who don’t take pregnancy leave and all other new parents are entitled to up to 63 weeks parental leave. Parents are entitled to 62 weeks of parental leave if they also took placement of a child leave. 

Under the ESA Ontario, both leaves are unpaid though job protected.

However, eligible employees get maternity and/or parental benefits under the federal Employment Insurance Act for the period they are taking an ESA pregnancy or parental leave.

The employees also have a right to benefits offered by their employer, such as pension plans, life insurance plans, extended health plans and dental plans.

They also continue to earn credits toward length of employment, length of service, and seniority during the period of leave.

Typically, once the leave is over the employee is entitled to the same job they had before or an equivalent job, if the old job no longer exists.

In both cases, the employee’s remuneration must match their pay before the leave.

Sick leave

Employees can take up to three unpaid, job-protected sick leave days each calendar year due to personal illness, injury, or medical emergency. Employees are entitled to sick leave once they have worked for an employer for at least two consecutive weeks.

If a job contract, including a collective agreement, offers a higher benefit or right than the standard sick leave under the ESA, then the terms of the contract apply. But if the contract does not provide a greater right or benefit, then the sick leave standard in the ESA applies. As of October 28, 2024, employers cannot require employees to provide a certificate (a medical note) from a qualified health practitioner to take sick leave under the ESA.

Long-term illness leave

This leave provides eligible employees with an unpaid, job-protected leave of up to 27 weeks in a 52-week period due to a serious medical condition. Long-term illness leave came into effect on June 19, 2025.

Long-term illness leave may be taken if the employee will not be performing the duties of their position due to a serious medical condition. A qualified health practitioner must issue a certificate that:

• states that the employee has a serious medical condition
• outlines the period during which the employee will not be working due to the serious medical condition

All employees (full-time, part-time, permanent or term contract) who have been employed by their employer for at least 13 consecutive weeks and who are covered by the Employment Standards Act, 2000 (ESA) may be entitled to long-term illness leave.

Bereavement leave

Under the Ontario Employment Standards Act, employees can avail of up to two days of unpaid job-protected bereavement leave each calendar year due to the death of certain family members.

Employees become eligible for bereavement leave after working for an employer for at least two consecutive weeks.

Family responsibility leave

Employees may take up to three days of unpaid job-protected leave each calendar year because of an illness, injury, medical emergency, or urgent matter relating to certain relatives. For some occupations, special rules may apply.

The family responsibility leave can be availed after an employee has worked for an employer for at least two consecutive weeks.

Family caregiver leave

Family caregiver leave is an unpaid, job-protected leave of up to eight weeks per calendar year per specified family member. All employees covered by ESA Ontario may be entitled to this leave.

An employee may take this leave to care for certain family members provided a qualified health practitioner has issued a certificate saying that they have a serious medical condition. The certificate need not specify the medical condition.

The employee must submit a medical certificate to avail this leave.

Family medical leave

This is an unpaid, job-protected leave of up to 28 weeks in a 52-week period. It may be taken to provide care or support to certain family members and people who consider the employee to be like a family member. For the employee to be eligible for the leave, a qualified health practitioner should have issued a certificate stating that the said family member has a serious medical condition with a high risk of death within a period of 26 weeks.

Under the Federal Employment Insurance Act, 26 weeks of employment insurance benefits may be paid to eligible staff who are on a family medical leave.

The employee must submit a medical certificate to avail this leave. The specified family members do not have to live in Ontario in order for the employee to be eligible for this leave.

Critical illness leave

Critical illness leave is an unpaid job-protected leave of absence of up to 37 weeks to care for a critically ill minor child, or 17 weeks for a critically ill adult within a 52-week period.

The requirement for a medical certificate applies. The certificate should be issued by a qualified health practitioner and confirm the critical illness of the adult or minor child concerned and specify the period for which they require the care or support.

The medical certificate requirement is non-negotiable.

Employees covered by the Employment Standards Act, 2000, who have worked for their employers for at least six consecutive months have the right to critical illness leave.

Employees who take critical illness leave may be eligible for Employment Insurance (EI) special benefits for caregivers of critically ill minor children who are family members for up to 35 weeks. Effective December 18, 2022, Employment Insurance (EI) sickness benefits increased from 15 weeks to 26 weeks.

Organ donor leave

This is an unpaid, job-protected leave of up to 13 weeks, for undergoing surgery to donate all or part of certain organs to a person. It can be extended, in some cases, up to an additional 13 weeks.

Reservist leave

Employees who are reservists are part-time members of the Canadian Armed Forces Reserve Force. Reservist employees deployed to an international operation or one within Canada that would be assisting in an emergency, or its aftermath, are entitled to unpaid leave for the duration of the said operation.

Employees participating in Canadian Armed Forces military skills training or in treatment, recovery or rehabilitation for a physical or mental health illness, injury or medical emergency that resulted from participation in a reservist force operation or activity are eligible for this leave as well.

The length of service required to avail of this job-protected leave is at least two consecutive months. But if an employee is taking the reservist leave to participate in an operation inside Canada to handle an emergency or its aftermath, there is no minimum employment requirement.

Child death leave

Child death leave is an unpaid, job-protected leave of absence. It provides up to 104 weeks of time off in case of the death of a child.

If an employee has been employed for at least six consecutive months, they are entitled to child death leave.

The leave must be taken in a single period and within the 105-week period that begins in the week the child died.

An employer may require reasonable evidence of the employee’s entitlement to the leave.

Crime-related child disappearance leave

This, too, is an unpaid job-protected leave of absence. It provides up to 104 weeks in case of a crime-related disappearance of a child.

The employee must have been employed for at least six consecutive months to be able to avail this leave. An employer may require reasonable evidence of the employee’s entitlement to the leave.

The leave must be taken in a single period and within the 105-week period that begins in the week the child died.

The employee may also be eligible for the Federal Income Support for Parents of Murdered or Missing Children grant.

The leave entitlement ends if…

• It no longer seems probable that the child disappeared because of a crime.
• The child is found within the 104-week period. The employee is entitled to stay on leave for 14 days after the day the child is found.
• The child is found dead. The employee may remain on leave until the end of the week in which the child’s body is found, after which they can avail of the unpaid job-protected child death leave of up to 104 weeks.

Domestic or sexual violence leave

Domestic or sexual violence leave is a job-protected leave of absence. Eligible employees can take up to 10 days and 15 weeks of time off in a calendar year for when an employee or an employee’s child has been threatened with or subjected to domestic or sexual violence. Only the first five days of the leave are paid.

An employer may request for evidence reasonable in the circumstances.

Notice requirements

The affected employee can either avail of the domestic and sexual violence leave as a 10-day period (as individual days or in any combination for up to 10 days) or a 15-week period (taken continuously or in parts).

For both, the employee has to give notice to the employer every time they avail of the leave.

The requirement for notice applies to all leaves, including bereavement leave, family responsibility leave, family caregiver leave, critical illness leave.

Termination Notice and Pay

When terminating the employment of an employee who has worked continuously for three months, the employer must give the employee either a written notice of termination, termination pay or a combination (that equals the length of notice the employee is entitled to get).

Are there any exceptions to this rule?

Some employees may not be entitled to notice of termination or termination pay under the ESA. For instance, employees who are guilty of intentional misconduct, disobedience, or wilful neglect of duty that is serious. Construction staff, employees who turn down an offer of reasonable alternative employment, and those employed for less than three months are some other examples.

Do I have to provide a reason for terminating an employee?

Under the ESA, an employer is not required to give a reason for a without-cause termination, but reasons must be provided in case of a with-cause termination. Employees cannot be terminated for exercising their rights under the ESA or turning down work in excess of the daily or weekly work hour limit or for taking a statutory leave of absence they are entitled to.

Severance pay

When an employee is terminated, they may be entitled to severance pay in addition to notice of termination or pay in-lieu thereof. To be eligible for severance pay, an employee must have worked for the employer for five or more years, and either the employer has a global payroll of at least $2.5 million or the employer ended the employment of 50 or more staff members in a six-month period because all or part of the business permanently closed.

Recent amendments to Ontario ESA

Bill 30, Working for Workers Seven Act, 2025

Bill 30 introduced a new job-seeking leave to support employees impacted by mass terminations. Eligible employees can use the leave to engage in job-search activities, such as attending interviews, updating resumes, or participating in training sessions, during their notice period.

It also allows for an extension of the temporary layoff period for non-unionized employees. Employers may now extend a temporary layoff beyond the standard 35-week limit, up to a maximum of 52 weeks within a 78-week period, without triggering a deemed termination.

Bill 229, Working for Workers Six Act, 2024

Placement of a Child Leave

A new section 47.1, ESA, introduced Placement of a Child Leave, which can be taken upon the placement or arrival of a child into the employee's custody, care, and control through adoption or surrogacy. 

Employees employed for at least 13 weeks are eligible for this unpaid leave of up to 16 weeks. Eligible employees must provide at least two weeks' written notice of leave dates. Employers may request reasonable evidence of entitlement. 

Long-term Illness Leave 

A new section 49.8, ESA, introduced Long-term Illness Leave, which can be availed by employees unable to perform their duties due to a serious medical condition. Employees employed for at least 13 consecutive weeks are eligible for this unpaid leave of up to 27 weeks.

A certificate from a qualified health practitioner stating the condition and duration of the leave is a must for availing this leave.

Bill 190, Working for Workers Five Act, 2024

The changes brought in by Bill 190, Working for Workers Five Act, 2024, seek to increase protections for remote workers, address virtual harassment, and improve workplace health and safety standards.

Mandatory terms and conditions of employment (Ontario Reg. 477/24) - In effect since July 1, 2025

Employers in Ontario with 25 or more employees are required to provide their new hires with written details about their employment, before their first day of work.

What job details are mandatory on these employment statements?

Employers must provide the following information in writing to their employees:

1. The employer’s legal name and operating/business name (if different).

2. Employer contact details, including address, phone number, and contact names.

3. The anticipated work location.

4. The employee’s starting wage rate (whether hourly or salary).

5. The applicable pay period and pay day.

6. A general description of initial hours of work.

Are any types of employment excluded from this new ESA provision?

Yes, but the carve outs are narrow. It does not apply to assignment employees placed by temporary help agencies.

Does this new ESA requirement cover seasonal employees?

Yes. If a business has 25 or more employees on its payroll, it is required to provide the employment information under Regulation 477/24 in writing to all new employees.

What do employers have to do to comply?

Employers must provide this employment information in writing to all new employees before their first day of work or as soon as practicable afterwards.

But to both comply with this requirement and protect their business from other potential legal risks, these job terms can be provided within a written employment agreement, hitting two birds with one stone. You can read more about this new legal requirement here.

You can read about other significant Bill 190 amendments to the Ontario Employment Standards Act and Occupational Health & Safety Act here.

Bill 149, Working for Workers Four Act, 2024

Ontario Job Posting Requirements (In effect since January 1, 2026)

Employers with 25 or more employees must include the following in publicly advertised job postings:

• Expected compensation or a range of expected compensation. (The range posted must not exceed $50,000). This requirement is only for roles where the expected compensation is up to $200,000 annually.
• Disclosure of whether artificial intelligence (AI) is used to screen, assess, or select applicants.
• Whether the posting is for an existing vacancy.

The following Ontario job postings are exempt from this regulation:

• A general recruitment campaign that does not advertise a specific position,
• A general help wanted sign that does not advertise a specific position,
• An internal posting that is applicable/limited to current employees of the employer, and
• A posting for a position for work performed outside Ontario.

Prohibition on Canadian Experience Requirements (In effect since January 1, 2026)

Employers are prohibited from requiring “Canadian experience” in job postings unless prescribed by law.

Duty to Inform Interviewees (In effect since January 1, 2026) 

Employers must notify applicants interviewed for publicly advertised positions about hiring decisions within 45 days of the interview or last interview, either in person, in writing, or via technology.

To read about other changes to the ESA brought about by Bill 149, Working for Workers Four Act, 2024, click here.

Bill 79, Working for Workers Three Act, 2023

Bill 79 introduced the following changes to the ESA:

Reservist leave

Eligibility for this leave was expanded to include employees in treatment, recovery or rehabilitation for an illness or injury resulting from participation in reservist activities.

The length of service required to avail of the leave was reduced from three to two months.

New mass termination rules

Remote workers are now eligible for enhanced termination and notice period entitlements under ESA’s mass termination rules.

The Bill expanded the definition of an establishment to include an employee’s private residence if the employee works only from that residence and no other physical business location.

Increased protections for foreign nationals

Bill 79 enhanced recruiter licensing requirements to prevent practices such as charging fees to foreign nationals.

Bill 88, Working for Workers Two Act, 2022

Business and information technology consultants

The Working for Workers Act, 2022, amended Section 3 of the ESA to add who is outside the purview of the legislation–namely certain business consultants and information technology consultants. Bill 88 also defines business consultants and information technology consultants and states they are only exempt from the ESA if certain requirements are met. These new exemptions came into force on January 1, 2023.

Electronic monitoring policy

As of October 11, 2022, employers who employ 25 or more employees on January 1 of any year must have a written policy on electronic monitoring in place by March 1 of that year. The employer must, within the specified timeframes, provide a copy of the policy to its employees and to assignment employees who are assigned to perform work for that employer.

The policy must state whether the employer electronically monitors employees. If the employer does, the policy must include:

• a description of how, and in what circumstances, the employer may electronically monitor employees
• the purposes for which the employer may use the information obtained through electronic monitoring
• the date it was prepared and the date any changes were made to the policy

Creation of the Digital Platform Workers’ Rights Act, 2022 (DPWRA)

Bill 88 increased rights for Ontario workers  by enacting the Digital Platform Workers’ Rights Act, 2022. The DPWRA defines digital platform work as “the provision for payment ride share, delivery, courier or other prescribed services by workers who are offered work assignments by an operator through the use of a digital platform.” This Act gave digital platform workers more rights under the ESA, such as the right to information, the right to a reoccurring pay period and pay day, the right to minimum wage, among others.

The DPWRA came into force on July 1, 2025.

Bill 27, Working for Workers Act, 2021

Key changes brought in by Bill 27, Working for Workers Act, 2021, include:

Right to disconnect

Employers with 25 or more staff must have a written policy providing employees the right to disconnect from work. The Act defines disconnecting from work as “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.”

Prohibiting non-compete clauses in job contracts

Non-compete agreements in work contracts restrict workers from taking up jobs with another business in the same industry for a specified time after they resign. Bill 27 banned non-compete agreements for most employees. But it allowed for exceptions, such as in the case of the sale of a business or part of a business. It also exempted executives from the ban on non-compete agreements.

Licensing requirement for recruiters and temporary help agencies

The Act introduced licensing requirements for temporary help agencies and recruiters. It prohibits employers from knowingly availing the services of an unlicensed temporary help agency or recruiter. It also bans a recruiter or employer from taking fees from a foreign national for their recruitment or employment. Those applying for a recruiter license would have to submit a statement that they are aware of this restriction. Non-compliance with this requirement could invite fines and even rejection of the license application.

Lifting barriers for internationally trained professionals

Bill 27 removed Canadian work experience requirements for professional registration and licensing unless an exemption is granted. It also limits duplication of official language proficiency testing. Internationally trained professionals would no longer have to take multiple language proficiency tests for purposes of immigration and professional licensing.

Washroom access for truck drivers and delivery workers

Bill 27 gave couriers, truck drivers, and people who deliver food the right to washroom access at the workplaces where they deliver or pick up delivery.

Are there any other laws besides ESA Ontario that affect the workplace?

Yes. Other important workplace-related statutes include the Occupational Health and Safety Act, the Workplace Safety and Insurance Act, 1997, the Labour Relations Act, 1995, the Pay Equity Act, and the Ontario Human Rights Code.

Do you need help staying compliant with the Ontario Employment Standards Act?

Our experts can help you develop company policies and assist you with any HR, health & safety, and employee management advice you may need.

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This article provides a brief overview of Ontario’s Employment Standards Act, 2000. It is not a legal document. For more details, please refer to the ESA.