Section 21.2 – Three hour rule

Three hour rule – s. 21.2(1)

Section 21.2 was added to the ESA effective January 1, 2019.

Prior to January 1, 2019, a different version of the three hour rule was set out in s. 5(7) of O. Reg. 285/01. That provision was revoked effective January 1, 2019 – for information about that rule, see the discussion under s. 5(7) of O. Reg. 285/01, which is being retained for transitional purposes.

Subsection 21.2(1) provides that, under certain circumstances, employees must be paid at least three hours' pay at the employee’s regular rate of pay, even though the employee has worked less than three hours. Note that employees in the women's coat and suit industry and the women's dress and sportswear industry have special rules that apply instead of s. 21.2 - see O Reg 291/01, s. 3.

Circumstances in which s. 21.2(1) applies: