Ontario Employment Standards Act (ESA): your key rights

What the Ontario ESA is and who it covers

The Employment Standards Act, 2000 (ESA) sets the minimum rules for most employees working in Ontario: minimum wage, hours of work, overtime, public holidays, vacation, leaves, termination notice and how wages are paid. It covers full-time, part-time, casual, temporary and student employees. An employer cannot contract out of these minimums; a contract or collective agreement can only give you more.

The ESA does not apply to industries regulated by the federal government, such as banks, airlines, interprovincial trucking and telecommunications; those workers are covered by the Canada Labour Code. Some jobs in Ontario also have special rules or exemptions, for example certain managers, IT professionals and farm workers, so check the ministry's special rule tool for your occupation. Independent contractors are not covered, but a job title or contract label does not decide that by itself.

Minimum wage from 1 October 2026

Ontario's general minimum wage is $17.95 an hour from 1 October 2026 to 30 September 2027, up from $17.60. The student minimum wage (students under 18 working 28 hours a week or less during the school term, or during school breaks) is $16.90, and the homeworkers' rate is $19.70. Minimum wage applies whether you are paid by the hour, salary, commission or piece rate, and it is checked pay period by pay period.

If you regularly work more than three hours a day and are sent home after less than three hours, the three-hour rule usually entitles you to at least three hours' pay.

Hours of work and overtime

Most employees cannot be required to work more than 8 hours a day (or the length of an established longer regular day) or 48 hours a week, unless they agree electronically or in writing. Overtime starts after 44 hours in a work week and is paid at 1.5 times the regular rate. Being paid a salary does not by itself remove the right to overtime; managers and supervisors may be exempt only in specific circumstances. Averaging hours over more than one week requires a written or electronic agreement.

Public holidays, vacation and sick leave

Ontario has nine public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. Most employees get the day off with public holiday pay. If you agree in writing or electronically to work the holiday, you get one of two alternatives—not both: regular wages for hours worked plus a substitute day with public holiday pay, or public holiday pay plus premium pay (1.5×) for hours worked with no substitute day.

Vacation: at least two weeks' vacation time after each 12-month vacation entitlement year, with vacation pay of at least 4% of gross wages; after five years of employment, three weeks and 6%. Sick leave: up to three days of unpaid, job-protected leave each calendar year once you have worked for two consecutive weeks, and since 28 October 2024 an employer cannot require a medical note for ESA sick leave. Other job-protected leaves include family responsibility, family caregiver, pregnancy and parental leave.

Pay, wage statements and deductions

Your employer must set a regular pay day and give you a wage statement on or before each pay day showing the pay period, wage rate, gross pay, each deduction and its purpose, and net pay. Only three kinds of deduction are allowed: those required by law (such as income tax, EI and CPP), those required by a court order, and those you have authorised in writing with a stated amount or a method of calculating it. Even with your signature, an employer cannot deduct for faulty work. For cash shortages or lost property, a deduction is also barred unless you had sole access and control.

When employment ends, all outstanding wages, including vacation pay, must be paid by the later of seven days after the end of employment or your next regular pay day.

Termination notice, severance and resigning

After three months of continuous employment, an employer ending your job must give written notice, termination pay instead of notice, or a mix: one week if you have worked less than a year, two weeks for one to three years, then one more week per year up to eight weeks for eight years or more. Severance pay is separate: if you have worked five years or more and the employer has a global payroll of at least $2.5 million (or closes all or part of the business and severs 50 or more employees in six months), you are owed one week's pay per year of service, up to 26 weeks. The ESA amounts are minimums; you may be entitled to more under your contract or the common law.

The ESA generally does not require employees to give notice when they quit, except in mass terminations. Our guide on the Ontario resignation notice period explains the rules and what your contract or the common law may still require.

How to file an ESA claim

If your employer is not meeting the ESA, you can raise it with them first, but you do not have to before filing a claim with the Ministry of Labour, Immigration, Training and Skills Development. Claims can be filed online or with the PDF form. Generally, you must file within two years of the violation, and wages are only recoverable if they were owed in the two years before the claim. You cannot pursue the same issue in court and through an ESA claim; if you file a claim and then decide to sue, you must withdraw the claim within two weeks. Unionised employees covered by a collective agreement generally use the grievance process instead.

The Employment Standards Information Centre (1-800-531-5551) can help you identify the issue before you file.

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Frequently asked questions

What is the Ontario ESA?

The Employment Standards Act, 2000 is the Ontario law that sets minimum employment rights, such as minimum wage, overtime, public holidays, vacation, leaves and termination notice, for most provincially regulated employees.

What is the minimum wage in Ontario in 2026?

$17.95 an hour from 1 October 2026 (it was $17.60 from 1 October 2025). The student rate is $16.90.

Does the ESA apply to salaried employees?

Yes. Salaried employees are covered, including for minimum wage and overtime after 44 hours, unless a specific exemption applies to their job.

How long do I have to file an ESA claim?

Generally two years from the violation, and wages must have been owed in the two years before you file.

Who is not covered by the Ontario ESA?

Employees in federally regulated industries (covered by the Canada Labour Code), genuine independent contractors, and some occupations with special rules or exemptions.

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