ESA Minimums at a Glance (2026)
| Standard | Value | Notes |
|---|---|---|
| Minimum wage (general) | $17.20/hour (Oct 2024) | Indexed annually to CPI |
| Student minimum wage | $16.20/hour | Under 18, working under 28 hrs/week |
| Daily maximum hours | 8 hours/day | Unless agreement to work more |
| Weekly maximum hours | 48 hours/week | Unless written agreement (excess hours agreement) |
| Overtime threshold | 44 hours/week | 1.5x regular rate above 44 hours |
| Vacation entitlement | 2 weeks (under 5 yrs) / 3 weeks (5+ yrs) | Pay = 4% or 6% of gross wages |
| Public holiday pay | Average of last 20 working days | 9 public holidays per year |
| Eating periods | 30 min after 5 hours of work | Unpaid unless employer agrees otherwise |
Termination Notice: ESA vs Common Law
The single most important thing Ontario employment lawyers communicate to clients is that ESA notice and common law (reasonable) notice are completely different. The gap between them is often 5–10x for experienced employees.
| Years of Service | ESA Notice | ESA Severance | Common Law (typical range) |
|---|---|---|---|
| Less than 1 year | 0 weeks | None | 1–3 months |
| 1 to less than 3 years | 1 week | Varies | 2–6 months |
| 3 to less than 4 years | 3 weeks | Varies | 4–10 months |
| 4 to less than 5 years | 4 weeks | Varies | 6–14 months |
| 5 to less than 6 years | 5 weeks | 1 week/yr | 8–18 months |
| 8+ years | 8 weeks | 1 week/yr (max 26) | 12–24 months |
Key point for clients: If an employer offers exactly ESA notice on termination, most employees with 2+ years of service are being offered a settlement that is far below what they are entitled to at common law. Ontario employment lawyers routinely negotiate significantly higher packages.
ESA Leaves of Absence
| Leave | Duration | Paid? |
|---|---|---|
| Pregnancy leave | Up to 17 weeks | EI maternity benefits (15 weeks) |
| Parental leave | Up to 61 weeks (birth parent) / 63 weeks (other) | EI parental benefits (35–69 weeks) |
| Sick leave | 3 unpaid days per year | No (ESA minimum) |
| Family responsibility leave | 3 unpaid days per year | No |
| Bereavement leave | 2 unpaid days per year | No |
| Domestic or sexual violence leave | 10 days (first 5 paid) | 5 days paid |
| Critical illness (adult) | Up to 17 weeks | EI compassionate care |
| Infectious disease emergency leave | As required | No (ESA minimum) |
Employees Exempt from ESA Minimums
Not all Ontario workers are covered by the full ESA. Ontario employment lawyers must confirm coverage before advising clients. Exemptions include:
- Federally regulated employees (banks, telecom, railways, airlines) — covered by Canada Labour Code, not ESA
- Independent contractors (not employees) — no ESA coverage; lawyer role is often to determine the classification
- Certain professionals: architects, dentists, engineers, information technology professionals
- Farm employees: partial exemptions for hours of work and overtime
- Domestic workers employed in a private home: partial ESA coverage
- Managers and supervisors whose primary responsibility is to manage (overtime exemption)
ESA Complaints and Enforcement
Employees who believe their ESA rights have been violated can file a complaint with the Ontario Ministry of Labour, Training and Skills Development. Key points:
2-year limitation period
ESA claims must be filed within 2 years of the alleged violation. Common law claims have a separate 2-year limitation period.
No cost to file
Employment standards complaints are free to file. However, once a complaint is filed, the employee cannot also sue in court for the same matter without withdrawing the complaint.
Ministry investigation
An employment standards officer investigates the complaint and can order the employer to pay owed wages plus interest. Employers can face orders of up to $100,000 for ESA violations.
Director liability
Corporate directors can be personally liable for up to 6 months of unpaid wages if the corporation cannot pay. This is a significant exposure for small business owners.
Frequently Asked Questions
What is the minimum wage in Ontario in 2026?
Ontario's general minimum wage is $17.20 per hour as of October 1, 2024 (indexed annually to CPI). Students under 18 working less than 28 hours per week have a student minimum wage of $16.20. Liquor servers receive $15.60. Check the Ontario government website for any 2026 updates.
How much termination notice is required under the Ontario ESA?
ESA termination notice ranges from 1 week (employed 1–3 years) to 8 weeks (employed 8+ years). Severance pay (an additional amount) applies to employees with 5+ years service whose employer has a payroll of $2.5M+ or who are terminated in a mass layoff. Most employees with 2+ years of service are entitled to significantly more notice under common law than ESA minimums.
What is the difference between ESA termination notice and common law notice?
ESA notice is the statutory minimum — typically 1–8 weeks. Common law notice (reasonable notice) is determined by courts based on the Bardal factors: age, length of service, character of employment, and availability of similar employment. Common law notice is often 12–24 months for senior employees, far exceeding the ESA minimum. Most employees who accept ESA minimum on termination are accepting significantly less than they are owed.
What is the limitation period for an ESA complaint in Ontario?
Under the ESA, an employment standards claim must be filed with the Ministry of Labour within 2 years of the alleged violation. For wrongful dismissal claims in the courts, the 2-year limitation period under the Limitations Act, 2002 applies from the date of discovery.
Managing Employment Law Files in Ontario?
Atticus helps Ontario employment lawyers track the 2-year limitation period, manage matter checklists, draft employment letters with AI, and stay compliant with LSO rules. 14-day free trial, no credit card required.
Try Atticus Free →