Bathroom breaks in Ontario: Rights for employees

Does my employer have to provide me with bathroom breaks?

Yes. Bathroom breaks are a fundamental bodily requirement. Employers in Ontario have a duty to accommodate the bodily requirements of their workers under Canada’s human rights laws.

However, there are no statutory employment or labour laws in the country that directly addresses bathroom breaks. Instead, it’s left up to workplaces to govern these types of breaks in a reasonable manner.

Both employees and employers need to know that a worker is well within their rights to use a washroom when nature calls.

SEE ALSO
• Ontario break times: Your rights
• Coffee breaks in Ontario
• Smoking breaks in Ontario
• Meal breaks in Ontario

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

Are bathroom breaks in Ontario paid?

Bathroom breaks in Ontario are paid. If you must remain at work during your break, that time is considered working time and you are entitled to regular pay for that period.

Considering the length and frequency of bathroom breaks, it would be unreasonable for an employer to deduct pay for such breaks.

Do bathroom breaks count as breaks?

Your employer shouldn’t count using the restroom towards your break time. Employment breaks should be reserved for eating or resting.

Can my employer limit the amount of bathroom breaks I can take?

Employers in Ontario can’t limit the amount of bathroom breaks you can take, unless there is a reasonable basis to conclude that the breaks are being abused.

I need more bathroom breaks because of my medical condition, what should I do?

If you have a medical condition or health issue that requires longer or more frequent bathroom breaks, provide your employer with a note from your doctor.

Once this information has been provided, your company is legally obligated to accommodate your medical requirements.

LEARN MORE
• Sick notes in Ontario: Rights for employees
• Disability in the workplace

Can my employer make changes to my job for taking bathroom breaks?

Employees in Ontario don’t have to accept major changes to their job. Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

READ MORE
• Do I get severance if I quit?

Can my employer fire me for taking bathroom breaks?

Your employer can fire you for taking bathroom breaks. This is called a termination without cause.

In Ontario, companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees

Fired for taking a bathroom break?

If you lose your job because you took a bathroom break, or for any other reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto and Ottawa can review your situation, work to secure proper compensation, and ensure that your workplace and human rights are properly enforced.