The Ontario Employment Standards Act, 2000 (ESA) is one of the most important workplace laws in the province. It sets out the minimum standards of employment that most employers and employees must follow. Whether you are starting a new job, working full-time, part-time, or casually, knowing your rights under the ESA can help you protect yourself at work.

This article covers the basics of the ESA, why it matters, and how it affects everyday working life in Ontario.

What is the ESA?

The ESA is provincial legislation that applies to most employees and employers in Ontario. It creates minimum rules around key employment issues, such as:

These standards act as a floor, not a ceiling. Employers and employees can agree to better terms, but they cannot agree to less than what the ESA requires.

Why is the ESA Important?

The ESA helps make Ontario workplaces fairer and more consistent. It does this by:

  • Protecting Employees – It prevents employers from taking advantage of workers by guaranteeing basic rights.
  • Promoting Fair Workplaces – It sets consistent expectations across industries.
  • Providing Remedies – If an employer violates the ESA, employees can file complaints with the Ministry of Labour.

Understanding the ESA means understanding your minimum rights at work and knowing when to take action if those rights are not respected.

Who is Covered by the ESA?

Most employees in Ontario are covered by the ESA. However, there are exceptions.

  • Employees in federally regulated industries (such as banks, airlines, and telecommunications) are covered by federal law, not the ESA.
  • Certain professions (like lawyers and doctors) are excluded.
  • Independent contractors are not covered, since they are not considered employees under the ESA.

Key Rights Under the ESA

1. Minimum Wage

The ESA guarantees that workers are paid at least Ontario’s minimum wage, which is updated regularly by the provincial government.

2. Hours of Work and Overtime

  • Maximum of 8 hours per day (or your regular workday if longer).
  • Maximum of 48 hours per week, unless there’s an approved agreement.
  • Overtime pay at 1.5 times the regular rate after 44 hours in a week.

3. Public Holidays and Vacation

  • Ontario has 9 public holidays each year. Most employees are entitled to take these days off with public holiday pay.
  • Vacation entitlement starts at 2 weeks after 1 year of employment, increasing to 3 weeks after 5 years.

4. Leaves of Absence

The ESA provides unpaid but job-protected leaves, including:

  • Pregnancy and parental leave
  • Family caregiver leave
  • Sick leave
  • Domestic or sexual violence leave

5. Termination and Severance

  • Termination notice or pay in lieu is required, based on length of service.
  • Employees may also qualify for severance pay if they have 5+ years of service and the employer meets certain size or financial thresholds.

What About the Regulations?

While the ESA sets the general rules, there are also regulations under the ESA that provide more detail, exceptions, and industry-specific rules.

For example:

  • Some industries, like hospitality, construction, and agriculture, have different rules about hours of work or overtime.
  • Certain roles, like IT professionals or managers, are exempt from overtime requirements.
  • Special provisions may apply to students, homeworkers, or commission-based employees.

For most people, the general ESA rules apply. But if you work in a specialized field or industry, it’s worth checking whether regulations affect your rights.

The ESA Changes Over Time

The Employment Standards Act is not set in stone. The Ontario government updates it to reflect changes in the economy and workplace.

  • Minimum wage is reviewed and adjusted regularly.
  • New types of job-protected leaves have been added in recent years.
  • Industry-specific rules are sometimes updated.

Because the law is always in flux, it’s a good idea to stay up to date or seek legal advice if you’re unsure how current rules apply to your situation.

📌Highlight: Recent & Upcoming ESA Changes

Ontario is actively updating the Employment Standards Act (ESA) through its Working for Workers agenda. Here are key changes employees and employers should know:

Now in effect (2025):

  • Long-Term Illness Leave – Up to 27 weeks of unpaid, job-protected leave (effective June 19, 2025).
  • New Hire Information – Employers with 25+ staff must give new employees written details (employer info, pay, hours, location) by July 1, 2025.
  • Ban on Sick Notes – Employers can no longer require a medical certificate for ESA sick leave.

Coming in 2026:

  • Job Posting Rules (effective January 1, 2026):
    • Pay ranges must be included in ads
    • Disclosure of AI use in hiring
    • No “Canadian experience” requirements
    • Applicants must be notified within 45 days of final interviews
  • Placement of a Child Leave – A new leave for adoption or surrogacy (start date TBD).

These updates show the ESA is always evolving. Both employees and employers should stay informed to ensure rights are protected and obligations are met.

Conclusion

The Employment Standards Act establishes the minimum rights and protections for employees in Ontario, as well as the obligations employers must follow. Knowing the basics of the ESA and being aware that there are regulations and periodic changes is the first step in protecting yourself at work.

If you believe your rights under the ESA are not being respected, or if you’re an employer trying to stay compliant, speaking with an employment lawyer can help you understand your options.

Clarity on Employment Standards Starts Here

The ESA sets the minimum workplace standards in Ontario, but knowing how it applies to your situation isn’t always simple. Whether you’re an employee seeking fairness or an employer trying to stay compliant, Achkar Law can guide you forward.

Call us at 1-800-771-7882  | Email: info@achkarlaw.com


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The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

Workplace Law Topics

Employees: Termination and Severance, Termination with Cause, Human Rights, Ministry of Labour Complaint, Employee Contracts, Employment Dispute and Litigation

Employers:  Employment Law, Labour and Employment Compliance, Terminations and Lay-offs, Employment Agreements, Workplace Policies, Occupational Health and Safety, Employment and Labour Compliance

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