HR Advice for Hours of Work and Break Time Guidelines in Ontario

Hours of work and break times are tightly regulated under Ontario’s Employment Standards Act (ESA). Employers must comply with these guidelines to avoid fines, maintain employee satisfaction, and ensure workplace productivity. Here’s everything employers need to know about managing work hours, breaks, and overtime effectively.

Work Hour Limits in Ontario

Under the ESA, "work time" includes time spent actively working or time spent waiting while required to stay at the workplace.

• Daily Limit: Employees can work a maximum of 8 hours a day or the hours of an established regular workday.
• Weekly Limit: The maximum is 48 hours a week.

Exceeding the Limits:

Employers and employees can agree electronically or in writing to exceed these limits. However, employers must still adhere to additional ESA provisions, such as ensuring rest periods.

Work Breaks and Eating Periods in Ontario

Ontario employers must provide employees with sufficient rest breaks:

Meal Breaks:

• Employees cannot work more than 5 consecutive hours without a 30-minute unpaid meal break.
• The break can be split into two shorter breaks (e.g., two 15-minute breaks) if both parties agree, but the total must equal 30 minutes.

Additional Breaks:

• Coffee, smoking, or other breaks are optional.
• If additional breaks are offered and employees must stay on-site, the time must be paid at a minimum wage.

Note: Meal breaks do not count as "work hours" for overtime calculations.

Hours Free From Work in Ontario

Employees are entitled to specific periods free from work to ensure adequate rest and work-life balance:

• Daily Rest: 11 consecutive hours off work each day.
• Between Shifts: 8 hours off between shifts if the combined shifts exceed 13 hours.
• Weekly Rest:
  • 24 consecutive hours off work each week, OR
  • 48 consecutive hours off work every two weeks.

While employers and employees can agree to exceed the hours of work, they generally cannot agree to fewer hours free from work.

Hours of Work and Overtime Pay

When employees work more than 44 hours per week, they are entitled to overtime pay:

• Overtime Rate: 1.5 times the employee’s regular hourly wage (commonly called "time and a half").
• Time Off in Lieu: Employers and employees can agree to substitute paid overtime with equivalent paid time off.

Example Scenario:
An employee works 46 hours in a week. For the extra 2 hours, they must be paid 1.5 times their hourly rate unless a time-off agreement exists.

Why ESA Compliance Matters

Non-compliance with Ontario’s ESA can lead to hefty fines, damage to your company’s reputation, and strained employee relations. Staying informed about these laws ensures a smooth and compliant workplace.

Need Help Managing Work Hours and Overtime?

Managing employee work hours, break times, and overtime can be complex. Our HR experts can help you navigate ESA regulations, track work hours, and calculate accurate pay.