Ontario Break Laws: What You Need to Know About Breaks at Work

If you work in Ontario, you might be wondering: What are the break laws in Ontario? Whether you’re working a 4-hour shift, 8 hours, or a 12-hour day, it’s important to understand your break entitlements under Ontario’s labour laws. This guide will walk you through exactly what breaks you’re legally allowed—and what your employer isn’t required to provide.

Are 15-Minute Breaks Required by Law in Ontario?

No, 15-minute breaks are not required by law in Ontario. While many employers provide them, they are not mandated by the Employment Standards Act (ESA).

Here’s what is required:

• Employees are entitled to an unpaid 30-minute eating break after 5 consecutive hours of work
• This is sometimes called a “meal break” or “lunch break“
• The ESA does not requre paid breaks or coffee breaks

How Many Breaks Do You Get in an 8-Hour Shift in Ontario?

In an 8-hour shift, you are legally entitled to:

• One 30-minute unpaid meal break after no more than five hours of work

If your employer offers additional breaks (such as two 15-minute paid breaks), they are doing so as a workplace perk, not because the law requires it.

Common Break Scenarios: What the Law Says

Here’s what you get depending on the length of your shift:

Do You Get a Break for Working 4 Hours in Ontario?

No. There is no legal requirement to give a break for shifts under five hours.

However, some employers voluntarily offer a 15-minute break during a 4-hour shift. It’s a common workplace practice—but not a legal obligation.

Are Coffee Breaks Required by Law in Ontario?

No, the ESA does not require coffee breaks or “rest periods” between tasks.

Many employer voluntarily offer paid coffee breaks, typically 10 to 15 minutes—but they’re not legally required.

You are only entitled to the 30-minute unpaid meal break after five hours of work.

Are Smoke Breaks Required by Law in Ontario?

No. Smoke breaks are not required under Ontario’s Employment Standards Act (ESA).

Employers are not legally obligated to provide extra breaks specifically for smoking.

In fact, Ontario’s Smoke-Free Ontario Act prohibits smoking in enclosed workplaces and other public areas.

If an employer does allow smoke breaks, they typically:

• Count them as unpaid time
• Require employees to clock out or step off-site
• Limit when and where smoking can occur

Paid vs. Unpaid Breaks in Ontario

Here’s how breaks are usually categorized:

ESA Break Requirements: Know Your Rights

The Employment Standards Act outlines only one break requirement: a 30-minute eating period after five hours.

Key points:

• Employers can split the 30 minutes into two 15-minute breaks if the employee agrees
• Breaks do not count as working time unless the employee is required to work during the break.
• Your employer can’t schedule your only break at the end of your shift to avoid compliance

FAQs About Ontario Work Break Laws

✅ How Many Breaks in a 5-Hour Shift in Ontario?

You are entitled to one 30-minute unpaid meal break.

✅ Are Breaks Paid in Ontario?

Not usually. Unless your employment contract says otherwise, breaks are unpaid under the ESA.

✅ What If I Work a 12-Hour Shift?

You may be entitled to two 30-minute unpaid breaks, depending on how your shift is structured.

✅ What About Part-Time or Casual Workers?

All non-unionized employees are covered under the same ESA break laws.

Final Thoughts

Ontario labour laws around breaks are simplee—but strict. You’re entitled to:

• One 30-minute unpaid break after 5 hours
• No automatic paid breaks
• Additional breaks are at your employer’s discretion

Speak to an Employment Lawyer

If you’ve been punished or terminated without cause for exercising your rights over break laws—or your employer is violating break laws—speak to an Ontario employment lawyer at Samfiru Tumarkin LLP.

If you lose your job, you are owed maximum severance pay in Ontario — as much as 24 months’ compensation. A wrongful dismissal lawyer in Toronto can help you get what you’re entitled to.

At Samfiru Tumarkin LLP, we’ve helped thousands of non-unionized employees enforce their workplace rights and secure fair compensation.

• 👥 Over 50,000 clients helped across Canada
• 💰 Millions recovered in severance and compensation
• ⚖️ No win, no fee — you don’t pay unless we win*
• ⭐ 2,311 5-star Google reviews across Ontario (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

* Conditions apply. Not all cases qualify.

Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.