Ontario Employment Standards Act (ESA)
How Ontario's provincial employment standards differ from the federal Canada Labour Code
Content last verified against official statutes: August 30, 2026
Am I Provincially Regulated?
Employers that are not in a federally regulated industry (banking, telecommunications, broadcasting, interprovincial transportation, federal Crown corporations and a few others) are covered by Ontario's Employment Standards Act, 2000 (ESA). That includes retail, restaurants, tech companies, healthcare, construction, manufacturing, education and most private-sector employers based in Ontario.
Overtime
Under ESA s.22, overtime pay of at least 1.5 times the regular rate applies to hours worked beyond 44 in a work week. There is no daily overtime threshold in Ontario. An employer and employee may agree, electronically or in writing, to paid time off in lieu at 1.5 hours for each overtime hour; that time off is normally taken within 3 months (up to 12 months by agreement).
Key difference from federal: The Canada Labour Code sets standard hours at 8 per day and 40 per week (CLC s.169), with overtime after either threshold (s.174). A 42-hour week earns no overtime under the ESA but 2 hours of overtime under the CLC.
Sick Leave
ESA s.50 provides up to 3 days of unpaid, job-protected sick leave per calendar year to employees who have worked for the employer for at least 2 consecutive weeks. Since October 28, 2024 (s.50(6.1)), an employer cannot require a certificate from a qualified health practitioner as evidence for this leave; an employer may still ask for evidence that is reasonable in the circumstances. The paid infectious-disease emergency leave that existed during the pandemic ended on March 31, 2023.
Key difference from federal: Federally regulated employees earn up to 10 paid days of medical leave per year (3 days after 30 days of employment, then 1 more per month) and may take up to 27 weeks of unpaid medical leave (CLC s.239). Ontario's ESA provides no paid sick days.
Termination & Severance
ESA s.57 sets the minimum notice of termination (or termination pay in lieu) for employees who have been employed for at least 3 months:
| Length of service | Minimum notice (or pay in lieu) |
|---|---|
| 3 months to less than 1 year | 1 week |
| 1 year to less than 3 years | 2 weeks |
| 3 years to less than 4 years | 3 weeks |
| 4 years to less than 5 years | 4 weeks |
| 5 years to less than 6 years | 5 weeks |
| 6 years to less than 7 years | 6 weeks |
| 7 years to less than 8 years | 7 weeks |
| 8 years or more | 8 weeks |
Severance pay (ESA s.64–65) is a separate entitlement. It applies only when the employee has 5 or more years of service AND either the employer's Ontario payroll is $2.5 million or more, or 50 or more employees are severed within 6 months because of a permanent discontinuance of the business. Severance pay is one week's regular wages per year of service (pro-rated for partial years), to a maximum of 26 weeks. Ontario has no statutory unjust-dismissal process; claims for reasonable notice beyond the ESA minimum are common-law wrongful dismissal claims, which provide compensation rather than reinstatement.
Key difference from federal: Since February 1, 2024 the CLC also uses a graduated notice scale (2 weeks after 3 months, rising 1 week per year of service to 8 weeks after 8 years, s.230) plus severance pay of 2 days' wages per completed year, minimum 5 days (s.235). Non-managerial federal employees with 12 months of service may also file an unjust dismissal complaint (s.240), a remedy that can include reinstatement and that Ontario law does not provide.
Reprisal Protection
ESA s.74 prohibits an employer from intimidating, dismissing or otherwise penalizing an employee because the employee asked about or exercised an ESA right, took a leave, or filed a complaint. Under s.74(2), the burden of proving that the employer did not contravene the section lies on the employer. Reprisal complaints are filed with the Ministry of Labour, Immigration, Training and Skills Development; the Ontario Labour Relations Board reviews contested decisions.
Key difference from federal: The federal rule works the same way: under CLC s.246.1(4) the complaint is itself evidence that reprisal occurred and the party alleging otherwise bears the burden of proof.
Harassment
The Occupational Health and Safety Act (OHSA) defines workplace harassment, including sexual harassment, in s.1(1). Employers must have a written harassment policy and program (s.32.0.1, s.32.0.6) and must investigate incidents and complaints (s.32.0.7). The Ontario Human Rights Code separately prohibits harassment based on a protected ground; an application to the Human Rights Tribunal of Ontario (HRTO) is generally made within 1 year of the last incident (Code s.34).
Key difference from federal: Federally regulated workplaces follow the Work Place Harassment and Violence Prevention Regulations (SOR/2020-130), which combine harassment and violence in one process; discrimination complaints go to the Canadian Human Rights Commission within 12 months.
Filing Complaints
| Issue | Where complaints are filed | Time limit |
|---|---|---|
| Unpaid wages, overtime, vacation pay, termination or severance pay | Ministry of Labour, Immigration, Training and Skills Development (ESA claim) | 2 years from the contravention (ESA s.96(3)); no monetary cap on claims |
| ESA reprisal | Ministry of Labour (ESA claim); Ontario Labour Relations Board for reviews | 2 years |
| Workplace harassment (health and safety) | Ministry of Labour (OHSA complaint) | None set by statute |
| Discrimination or harassment on a protected ground | Human Rights Tribunal of Ontario (HRTO) | 1 year from the last incident |
| Workplace injury | Workplace Safety and Insurance Board (WSIB) | 6 months from the injury |
- Ministry of Labour — ESA claims: ontario.ca ESA guide: filing a claim
- Human Rights Tribunal of Ontario: tribunalsontario.ca/hrto
- Ontario Labour Relations Board: olrb.gov.on.ca
Key Statutes & Sources
Official sources checked on August 30, 2026
- Employment Standards Act, 2000 (consolidated) (ontario.ca)
- Your guide to the Employment Standards Act (ontario.ca)
- Occupational Health and Safety Act (ontario.ca)
- Human Rights Code (ontario.ca)
- Canada Labour Code, Part III (laws-lois.justice.gc.ca)
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
Cite This Page
MyWorkRights.ca, "Ontario Employment Standards Act (ESA)," accessed 2026-10-01, https://myworkrights.ca/provincial/ontario