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About your guide to the ESA
This guide is a convenient source of information about key sections of the ESA. It is for your information and assistance only. It is not a legal document. If you need details or exact language, please refer to the ESA itself and its regulations.
This guide should not be used as or considered legal advice. You may have greater rights under an employment contract, collective agreement, the common law or other legislation. If you’re unsure about anything in this guide, please talk to a lawyer.
Topics covered by the ESA?
- benefit plans
- bereavement leave
- child death leave
- crime-related child disappearance leave
- critical illness leave
- declared emergency leave
- domestic or sexual violence leave
- the employment standards poster: distribution requirements
- equal pay for equal work
- family caregiver leave
- family medical leave
- family responsibility leave
- filing a claim
- hours of work, eating periods and rest periods
- infectious disease emergency leave
- lie detector tests
- minimum wage
- non-compete agreements
- organ donor leave
- overtime pay
- payment of wages
- pregnancy and parental leave
- public holidays
- reservist leave
- severance of employment
- sick leave
- temporary help agencies
- termination of employment and temporary layoffs
- tips or gratuities
- written policy on disconnecting from work
- written policy on electronic monitoring of employees
Reprisals are prohibited
Employers are prohibited from penalizing employees in any way because the employee exercised ESA rights. Employers who do so can be:
- ordered to compensate and/or reinstate the employee
- ordered to pay a penalty
Greater right or benefit
If a provision in an employment contract or another Act gives an employee a greater right or benefit than a minimum employment standard under the ESA then that provision applies to the employee instead of the employment standard.
No waiving of rights
No employee can agree to waive or give up their rights under the ESA (for example, the right to receive overtime pay or public holiday pay). Any such agreement is null and void.
Enforcement and compliance
Employers who violate the ESA can be:
- ordered to comply with the ESA
- ordered to pay their employees
- ordered to pay a penalty
Other workplace-related laws
The ESA contains only some of the rules affecting work in Ontario. Other provincial and federal legislation governs issues such as workplace health and safety, human rights and labour relations.
Related Ontario laws include the:
- Occupational Health and Safety Act
- Workplace Safety and Insurance Act, 1997
- Labour Relations Act, 1995
- Pay Equity Act
- Human Rights Code
For more information about other Ontario laws, contact ServiceOntario:
1-800-267-8097(in the rest of Ontario)
- online at ServiceOntario.ca
Federal laws affecting workplaces include statutes on income tax, employment insurance and the Canada Pension Plan.
For more information about federal laws, call the Government of Canada information line at
Who is not covered by the ESA?
Most employees and employers in Ontario are covered by the ESA. However, the ESA does not apply to some people and the people or organizations they work for, such as:
- employees and employers in sectors that fall under federal employment law jurisdiction, such as airlines, banks, the federal civil service, post offices, radio and television stations and inter-provincial railways
- individuals working under a program approved by a college of applied arts and technology or university
- individuals working under a program that is approved by a career college registered under the Ontario Career Colleges Act, 2005
- secondary school students who work under a work experience program authorized by the school board that operates the school in which the student is enrolled
- people who do community participation under the Ontario Works Act, 1997
- police officers (except for the lie detectors provisions of the ESA, which do apply)
- inmates taking part in work or rehabilitation programs, or individuals who work as part of a sentence or order of a court
- people who hold political, judicial, religious or elected trade union offices
- major junior ice hockey players who meet certain conditions related to scholarships
- individuals who meet the definition of business consultant or information technology consultant under the ESA if certain conditions are met
For a complete listing of other individuals not governed by the ESA, please check the ESA and its regulations.
Employers are prohibited from misclassifying employees as independent contractors, interns, volunteers or any other type of worker not covered by the ESA.
In addition to this guide, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has additional resources available to assist you:
- The Employment Standards Act Policy and Interpretation Manual is the primary reference source for the policies of the Director of Employment Standards respecting the interpretation, administration and enforcement of the ESA.
- Staff at the Employment Standards Information Centre are available to answer your questions about the ESA. Information is available in many languages. You can reach the information centre from Monday to Friday, 8:30 a.m. to 5 p.m. by calling:
Additional educational resources are available.