Ontario has a law called the Employment Standards Act, 2000, (ESA) which sets minimum standards which Ontario
employers and employees must follow. The type of things regulated by this law include:
Work Hours
The general rule is that employees cannot be required to work more than:
For more detailed information about work hours download the Ministry of Labour's fact sheet (PDF).
Wages
Most employees are entitled to be paid a minimum wage of $8 an hour. The minimum wage will increase to $8.75 an houron March 31, 2008. If you are a student, a worker who serves liquor, a hunting or fishing guide or a homeworker you are
subject to a different minimum wage.
To see a rate guide and for more information about wages click here.
Overtime
There are many rules about overtime, including who is entitled to overtime and when they become entitled. The general
rule is that an employee is entitled to overtime pay once they have worked 44 hours in a work week and the overtime pay
must be at least 1½ times the employee’s regular rate of pay.
For more detailed information about work hours download the Ministry of Labour's fact sheet (PDF)
Vacation
The general rule is that most employees are entitled to two weeks of paid vacation after 12 months.
Your employer can decide to start your vacation entitlement year on a date other than the employee's date of hire. In this
case the employee is entitled to a pro-rated amount of vacation with pay for the period before the vacation entitlement
year begins. This period is known as the "stub period."
For more information about vacation time and vacation pay click here.
Leave
There are a number of life situations when an employee may need some time away from work without risking the loss of
their job. The ESA recognizes several of these situations and has created rules for dealing with them.
Pregnancy Leave
The ESA gives the right to a pregnant employees to take up to 17 weeks of unpaid time off work.
Maternity benefits are provided by the Federal government through the employment insurance program.
Parental Leave
The ESA gives the right to new parents to take up to 37 weeks of unpaid leave. (Birth mothers who take pregnancy leave are entitled to up to 35 weeks' parental leave.)
Parental benefits are provided by the Federal government through the employment insurance program.
Personal Emergency Leave
If an employer has at least 50 employees, employees are entitled to take personal emergency leave in the case of illness or
injury to the employee. An employee is also entitled to leave in the case of death, illness, injury, or medical emergency
involving an immediate family member.
An employee may take up to 10 days of unpaid personal emergency leave each calendar year. Employees who work for
an employer with less than 50 employees are not entitled to this leave under the ESA.
Family Medical Leave
If an employee must provide care or support to a family member, that employee can take up to eight weeks of unpaid
family leave. The family member must be suffering from a serious medical condition and there must be a significant risk
of death occurring within a period of 26 weeks.
If more than one family member is entitled to family medical leave with respect to the same person, the eight week leave
must be shared.
An employee is entitled to family medical leave for up to eight weeks in a 26 week period.
Although family medical leave is unpaid, employees may be entitled to six weeks of compassionate care benefits under the
Employment Insurance Act.
Severance Pay
An employer is entitled to dismiss an employee. However, if the employer does not have just cause for doing so, then the
employer must provide the employee with a certain amount of notice before the dismissal takes effect. In the alternative,
the employer must pay the employee in lieu of notice.
An employee's job can be terminated in three different ways under the
ESA.
For more information about dismissal, notice periods and severance pay visit the Ministry of Labour's website.
employers and employees must follow. The type of things regulated by this law include:
 | Work Hours | |
| Overtime | |
| Wages | |
| Vacation | |
| Leave | |
| Severance Pay |
Work Hours
The general rule is that employees cannot be required to work more than:
| 8 hours a day (or the number of hours in an established work day if it is more than 8 hours in the case of shift | |
| work for instance.) | ||
| 48 hours a week. |
For more detailed information about work hours download the Ministry of Labour's fact sheet (PDF).
Wages
Most employees are entitled to be paid a minimum wage of $8 an hour. The minimum wage will increase to $8.75 an hour
subject to a different minimum wage.
To see a rate guide and for more information about wages click here.
Overtime
There are many rules about overtime, including who is entitled to overtime and when they become entitled. The general
rule is that an employee is entitled to overtime pay once they have worked 44 hours in a work week and the overtime pay
must be at least 1½ times the employee’s regular rate of pay.
For more detailed information about work hours download the Ministry of Labour's fact sheet (PDF)
Vacation
The general rule is that most employees are entitled to two weeks of paid vacation after 12 months.
Your employer can decide to start your vacation entitlement year on a date other than the employee's date of hire. In this
case the employee is entitled to a pro-rated amount of vacation with pay for the period before the vacation entitlement
year begins. This period is known as the "stub period."
For more information about vacation time and vacation pay click here.
Leave
There are a number of life situations when an employee may need some time away from work without risking the loss of
their job. The ESA recognizes several of these situations and has created rules for dealing with them.
| Pregnancy Leave | |
| Parental Leave | |
| Personal Emergency Leave | |
| Family Medical Leave |
Pregnancy Leave
The ESA gives the right to a pregnant employees to take up to 17 weeks of unpaid time off work.
Maternity benefits are provided by the Federal government through the employment insurance program.
Parental Leave
The ESA gives the right to new parents to take up to 37 weeks of unpaid leave. (Birth mothers who take pregnancy leave
Parental benefits are provided by the Federal government through the employment insurance program.
Personal Emergency Leave
If an employer has at least 50 employees, employees are entitled to take personal emergency leave in the case of illness or
injury to the employee. An employee is also entitled to leave in the case of death, illness, injury, or medical emergency
involving an immediate family member.
An employee may take up to 10 days of unpaid personal emergency leave each calendar year. Employees who work for
an employer with less than 50 employees are not entitled to this leave under the ESA.
Family Medical Leave
If an employee must provide care or support to a family member, that employee can take up to eight weeks of unpaid
family leave. The family member must be suffering from a serious medical condition and there must be a significant risk
of death occurring within a period of 26 weeks.
If more than one family member is entitled to family medical leave with respect to the same person, the eight week leave
must be shared.
An employee is entitled to family medical leave for up to eight weeks in a 26 week period.
Although family medical leave is unpaid, employees may be entitled to six weeks of compassionate care benefits under the
Employment Insurance Act.
Severance Pay
An employer is entitled to dismiss an employee. However, if the employer does not have just cause for doing so, then the
employer must provide the employee with a certain amount of notice before the dismissal takes effect. In the alternative,
the employer must pay the employee in lieu of notice.
An employee's job can be terminated in three different ways under the
ESA.
- The employer dismisses or stops employing someone.
- The employee quits within a reasonable period in response to the employer making a significant change to a
fundamental term or condition of the employment without the employee's consent. - The employee is laid off for a period that's longer than a temporary layoff.
For more information about dismissal, notice periods and severance pay visit the Ministry of Labour's website.
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