Ontario's Employment Standards Act, 2000 (ESA) sets the minimum rights most employees in the province get: minimum wage, hours of work, overtime after 44 hours a week, vacation, nine public holidays, job-protected leaves and notice when employment ends. Employers can give more than the ESA, but never less.
It's a long law with a lot of chapters, so here are the rules that land on a small employer's desk most often, taken from the Ontario government's own guide, plus the changes that came in for 2026.
Who the ESA covers
Most employees and employers in Ontario. The guide says it doesn't apply in sectors under federal employment law, such as airlines, banks, the federal civil service, post offices, radio and television stations and interprovincial railways. Those follow federal employment law instead.
The core rules at a glance
| Rule | What the ESA says |
|---|---|
| Minimum wage | $17.95 an hour from 1 October 2026 (as of October 2026) |
| Daily hours | Up to 8 hours, or the established regular workday if longer, unless agreed in writing or electronically |
| Weekly hours | Up to 48 hours, unless the employee agrees to more |
| Daily rest | At least 11 consecutive hours off each day |
| Between shifts | At least 8 hours off |
| Weekly rest | 24 consecutive hours off each week, or 48 in every two weeks |
| Meal break | A 30-minute eating period after no more than five hours in a row |
| Overtime | After 44 hours in a work week, at 1½ times the regular rate |
The overtime rule is weekly, not daily. Someone working three 12-hour days has worked 36 hours and isn't due overtime under the ESA. The guide's own example: a regular rate of $25.00 an hour gives an overtime rate of $37.50.
Vacation and vacation pay
| Length of employment | Vacation time | Vacation pay |
|---|---|---|
| Less than five years | Two weeks after each 12-month vacation entitlement year | At least four per cent of gross wages |
| Five years or more | Three weeks | At least six per cent of gross wages |
Public holidays
Ontario has nine: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. Qualifying employees get the day off with public holiday pay, or they can agree in writing or electronically to work it, either for public holiday pay plus premium pay, or for their regular wages plus a paid substitute holiday.
Sick leave
Most employees can take up to 3 days of unpaid, job-protected sick leave each calendar year once they've worked for you for at least 2 consecutive weeks. Since 28 October 2024, employers can't require a medical note from a qualified health practitioner for ESA sick leave.
That second rule is the one I'd check your handbook against today. If your policy still says "doctor's note after two days", that's no longer allowed for ESA sick leave.
New for 2026: job posting rules
From 1 January 2026, employers with 25 or more employees on the day a job is posted publicly must:
- Include the expected pay or a pay range, with any range no wider than the equivalent of $50,000 a year, unless the pay is over the equivalent of $200,000 a year (as of October 2026)
- Disclose if artificial intelligence is used in the hiring process
- Not ask for Canadian experience in the posting or the application form
- Say whether the posting is for an existing vacancy
- Tell interviewed applicants whether a hiring decision has been made within 45 days of their last interview
Other recent additions include a long-term illness leave of up to 27 weeks in a 52-week period, from 19 June 2025, for employees with at least 13 consecutive weeks of service, and a 3-day unpaid job seeking leave for employees given notice in a mass termination, from 27 November 2025.
A checklist for each new Ontario hire
- Confirm the job isn't in a federally regulated sector.
- Set pay at or above $17.95 an hour (as of October 2026), or the special rate if one applies.
- Agree in writing or electronically any daily or weekly hours above the limits.
- Set up vacation pay at four per cent, rising to six per cent at five years.
- Update your sick leave policy so it doesn't demand a medical note for ESA sick days.
Ending employment: minimum notice
Once an employee has been continuously employed for three months, you must give written notice, termination pay instead, or a mix of the two.
| Period of employment | Notice required |
|---|---|
| Less than 1 year | 1 week |
| 1 to under 3 years | 2 weeks |
| 3 to under 4 years | 3 weeks |
| 4 to under 5 years | 4 weeks |
| 5 to under 6 years | 5 weeks |
| 6 to under 7 years | 6 weeks |
| 7 to under 8 years | 7 weeks |
| 8 years or more | 8 weeks |
Mass terminations, 50 or more employees within four weeks, need 8, 12 or 16 weeks of notice depending on numbers, and a Form 1 to the Director. Severance pay is a separate entitlement on top of notice, with its own tests in the guide.
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My verdict
For a small Ontario employer, the ESA comes down to a handful of numbers: $17.95, 44 hours, 48 hours, two weeks and four per cent, nine holidays, 3 sick days without a note, and one week's notice per year up to eight. If you have 25 or more staff, add the 2026 job posting rules to your hiring checklist now, because pay ranges and AI disclosure are the newest parts.
Frequently asked questions
What is the Employment Standards Act in Ontario?
The Employment Standards Act, 2000 sets minimum workplace rights in Ontario, including minimum wage, hours, overtime, vacation, public holidays, leaves and termination notice.
When does overtime start in Ontario?
For most employees, after 44 hours in a work week, paid at 1½ times the regular rate.
How many sick days do Ontario employees get?
Up to 3 unpaid, job-protected days each calendar year after 2 consecutive weeks of employment, and employers can't demand a medical note for them.
How much vacation does the ESA require?
Two weeks a year with at least four per cent vacation pay for under five years, and three weeks with six per cent from five years.
Do Ontario job postings have to include salary?
From 1 January 2026, yes for employers with 25 or more employees: publicly advertised postings must include expected pay or a pay range.
Does the ESA apply to federally regulated employers?
No. Sectors under federal jurisdiction, such as banks, airlines and interprovincial railways, follow federal employment law.
