Ontario has a law called the Employment Standards Act, 2000, (ESA) which creates
minimum standards for Ontario employers and employees. 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'sfact sheet (PDF).
Wages
Most employees are entitled to be paid a minimum wage of $9.50 an hour. The
minimum wage is scheduled to increase to $10.25 on March 31, 2010. 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 every 12 months worked.
Your employer can decide to start your vacation entitlement year on a date other than
your date of hire. In this case you are 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 employee to take up to 17 weeks of unpaid time off work.
Paid 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 of parental
leave.)
Paid 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. For example, if one sister took
five weeks of family medical leave to care for her mother, a second sister would be
able to take only three weeks of family medical leave. The sisters could take leave at
the same time, or at different times.
An employee is entitled to family medical leave for up to eight weeks in a 26 week
period.
For more information about Family Medical Leave click here.
Although family medical leave is unpaid, employees may be entitled to 6 weeks of
paid 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.
minimum standards for Ontario employers and employees. 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, for instance in the case of shift work), | ||
| 48 hours a week. |
For more detailed information about work hours download the Ministry of Labour's
Wages
Most employees are entitled to be paid a minimum wage of $9.50 an hour. The
minimum wage is scheduled to increase to $10.25 on March 31, 2010. 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 every 12 months worked.
Your employer can decide to start your vacation entitlement year on a date other than
your date of hire. In this case you are 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 employee to take up to 17 weeks of unpaid
Paid 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 of parental
leave.)
Paid 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. For example, if one sister took
five weeks of family medical leave to care for her mother, a second sister would be
able to take only three weeks of family medical leave. The sisters could take leave at
the same time, or at different times.
An employee is entitled to family medical leave for up to eight weeks in a 26 week
period.
For more information about Family Medical Leave click here.
Although family medical leave is unpaid, employees may be entitled to 6 weeks of
paid 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.
- An employee is constructively dismissed if the employer makes one or more
significant changes to fundamental terms or conditions of the employment
without the employee's consent. - The employee is laid off for a period that is longer than a temporary layoff.
For more information about dismissal, notice periods and severance pay, visit the
Ministry of Labour's website.
Employment Law
Home > Employment Law > Employment Standards
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What should I know about Employment Standards.
Statutory Holidays
New Years Day (January 1/09)
Family Day (February 16/09)
Good Friday (April 10/09)
Victoria Day (May 18/09)
Canada Day (July 1/09)
Labour Day (September 7/09)
Thanksgiving (October 12/09)
Christmas Day (Dec 25/09)
Boxing Day (December 26/09)
For more information about Statutory
Holidays visit the Ministry of
Labour's website.
Not Statutory Holidays
Easter Monday
August Civic Holiday
Remembrance Day
New Years Day (January 1/09)
Family Day (February 16/09)
Good Friday (April 10/09)
Victoria Day (May 18/09)
Canada Day (July 1/09)
Labour Day (September 7/09)
Thanksgiving (October 12/09)
Christmas Day (Dec 25/09)
Boxing Day (December 26/09)
For more information about Statutory
Holidays visit the Ministry of
Labour's website.
Not Statutory Holidays
Easter Monday
August Civic Holiday
Remembrance Day
| If a statutory holiday falls on a day that is not a normal work day, the employee is entitled to a substitute day off with pay. |
| MINIMUM WAGE On March 31, 2009, the minimum wage in Ontario increased to $9.50. It will increase to $10.25 on March 31, 2010. |
Contact the Ministry of Labour
1-800-531-5551
1-800-531-5551
For more information about your
rights as an employee, download
CLEO's easy to read guide.
rights as an employee, download
CLEO's easy to read guide.
Guides to ESA
Required Notice to Dismiss
The Law
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