Hours of Work, Breaks and Time Off Between Shifts in Ontario
Most employees in Ontario are covered by limits on how long they can be required to work, and by rights to a meal break and to rest. The rules have many exceptions, so it is worth checking where your job falls.
- An employer generally cannot require more than 8 hours a day or 48 hours a week, unless the Act's conditions for longer hours are met.
- You are entitled to a 30-minute eating period after no more than 5 hours of work, and 11 hours free from work each day.
- You are also entitled to at least 24 hours off each week, or 48 hours off in every two weeks.
- Overtime of one and a half times the regular rate generally starts after 44 hours a week, but many jobs are exempt.
Daily and weekly limits
- An employee cannot generally be required to work more than 8 hours in a day, or the length of their regular work day if it is longer.
- The weekly limit is 48 hours, unless the employee has agreed in writing to more and the other rules in the Act are met.
- Some jobs and industries have their own rules or exemptions, such as certain managers and professionals.
Breaks and rest
- Eating period: 30 minutes after no more than 5 consecutive hours. It does not have to be paid.
- There is no general legal right to coffee breaks, though many employers and collective agreements provide them.
- Daily rest: 11 consecutive hours free from work each day, with some exceptions.
- Weekly rest: at least 24 consecutive hours off each work week, or 48 consecutive hours in every two work weeks.
Overtime
Overtime pay of at least one and a half times the regular rate generally applies to hours over 44 in a week. An employer and employee can agree to average hours over a period, but the agreement must meet the Act's requirements. Some employees are exempt from the overtime rules altogether.
The three-hour rule
If an employee who normally works more than 3 hours is sent home early, or is required to report and works less than 3 hours, the employer generally must pay them for at least 3 hours, at their regular wage rate, or for the time worked at their regular rate, whichever is greater. Some exceptions apply, for example where the work cannot be done for reasons beyond the employer's control.
If your employer breaks these rules
- Keep a record of your actual hours, start and stop times and breaks.
- Raise it with your employer in writing, politely and with facts.
- If it continues, you can file an Employment Standards claim. See the guide on how a claim works.
- You cannot be punished for asking. See the guide on reprisal.
Common questions
Does my employer have to pay me for my lunch break?
Not necessarily. The 30-minute eating period can be unpaid if you are free to leave the workplace or are not required to stay at work. If you are required to work or stay on call, it may need to be paid.
Can I refuse overtime?
Often an employer can require overtime up to the legal limits. The right to refuse depends on the contract, the hours and the law that applies to your job.
Who can help. Licensed paralegals can represent employees and employers in Employment Standards claims and at the Human Rights Tribunal of Ontario.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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