Bathroom Breaks in Ontario: Rights for Employees

If you work in Ontario, you may wonder what your rights are when it comes to using the washroom. Are bathroom breaks protected by law? Can your employer limit them, dock your pay, or even fire you for taking too many?

This guide explains your rights under Ontario workplace bathroom laws, including how they relate to human rights, medical conditions, and employer obligations under the Employment Standards Act and Occupational Health and Safety Act (OHSA).

Are Bathroom Breaks Legally Required in Ontario?

Yes. Employees have a basic right to use the washroom when needed. While Ontario’s Employment Standards Act (ESA) doesn’t specifically mention “bathroom breaks,” employers must follow:

• The duty to accommodate under human rights legislation
• Health and safety regulations under OHSA

Are Bathroom Breaks Paid in Ontario?

Yes, in most cases. Washroom use is considered part of normal work activity. If you’re required to remain on-site and clocked in, you must be paid for that time.

Employers should not deduct pay for using the bathroom unless you are genuinely off-duty or taking a longer break that exceeds normal, reasonable use.

Can Bathroom Breaks Count as Your Meal or Rest Break?

No. Bathroom time should not count against your 30-minute unpaid meal break or any optional rest periods. The ESA requires that break time be reserved for eating or resting, not for addressing urgent bodily needs.

Can an Employer Limit the Number of Bathroom Breaks?

Not without a valid reason. Employers can’t arbitrarily limit bathroom breaks. However, they may address abuse of this time, such as excessive non-medical use.

If you’re being monitored or penalized for bathroom use:

• You may be facing a violation of your privacy or human rights
• You should speak to an employment lawyer immediately

Do Medical Conditions Change Your Rights?

Absolutely. If you have a medical condition (e.g. IBS, Crohn’s, pregnancy) that requires more frequent or longer washroom breaks:

• Provide a doctor’s note to your employer
• Your employer is then legally required to accommodate your needs

Failing to accommodate a disability or medical issue may be a human rights violation in Ontario.

Can an Employer Change Your Job for Taking Too Many Bathroom Breaks?

No, not without legal risk. If your employer reduces your pay, changes your hours, or demotes you because of washroom use, especially tied to a medical issue, this could be considered constructive dismissal in Ontario.

Can You Be Fired for Taking Bathroom Breaks?

Technically yes – but with conditions. Employers in Ontario can terminate non-unionized employees without cause for almost any reason, including perceived overuse of bathroom breaks, as long as they:

• Provide full severance pay
• Don’t violate human rights laws (e.g. discrimination based on a medical issue

Washroom Access and Safety: OHSA Requirements

Ontario’s Occupational Health and Safety Act includes workplace washroom requirements, including:

• A minimum number of washrooms per employee
• Access to clean, functioning facilities
• Separate facilities for male and female staff (in most cases)

While these rules are generally enforced through Ministry of Labour inspections, persistent violations may support legal action.

FAQs About Bathroom Breaks at Work in Ontario

✅ Is It Illegal to Not Let Someone Go to the Bathroom?

In most cases, yes. Denying someone reasonable washroom access may breach health, safety, or human rights laws.

✅ How Many Bathrooms Per Employee Are Required in Ontario?

It depends on workplace size. OHSA and local health codes require minimum washroom standards. Employers must comply.

✅ What if There’s No Staff Washroom On-Site?

Employers must provide accessible, clean, and reasonably located washroom facilities.

✅ Are Bathroom Breaks the Same As Coffee or Smoke Breaks?

No. Coffee and smoke breaks are optional and not protected. Bathroom access is fundamental and non-negotiable.

Fired or Penalized for Using the Bathroom?

If your employer is tracking your bathroom breaks, docking your pay, or threatening termination for washroom use, you have rights.

You may be owed maximum severance pay in Ontario — as much as 24 months’ compensation. A wrongful dismissal lawyer in Toronto or Ottawa can help you get what you’re entitled to.

At Samfiru Tumarkin LLP, we’ve helped 50,000 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.