Ontario Break Times: Your Rights

Break Times in Ontario Workplaces

In Ontario, the Employment Standards Act (ESA) sets out the province’s employment rights. Most employees (there are some exemptions) can take one 30-minute break for a meal, after their first 5 hours of work.

This break does not have to be a paid break, though an employer may choose to pay the employee for the time. The time off doesn’t apply towards hours of work, vacation time, or overtime pay.

Ontario Breaks Based on Shift Lengths

In Ontario, breaks for provincially regulated employees are based on the length of their shifts:

• 5-hour or less shift: Employees are not entitled to a break, but they must be allowed to use the bathroom.
• 5-hour+ shift: Employees get one 30-minute break, which cannot be split into smaller breaks unless agreed upon by both the employer and employee.
• 8-hour shift: Employees get one 30-minute break. The employer is not required to provide another break until after another five hours.
• 12-hour shift: Employees get two 30-minute breaks, one after every five hours of work.

What Should I Do If My Employer Doesn’t Give Me a 30-minute Break?

If your employer doesn’t give you a 30-minute break after 5 hours of work, you can file a complaint with the Ministry of Labour. The Ministry will investigate and work to resolve the issue.

Are Employers Allowed to Schedule Break Times in Ontario?

Yes, an employer is entitled to schedule when their workers take their breaks. This allows for the employer to ensure that their business has adequate coverage to meet its needs during the course of an employee’s shift. This is why employers often require their employees to stagger their breaks so that they don’t overlap with others, leaving the business without staff.

If you have a preferred time you like take your break, you are within your right to ask your employer to give that to you. However, unless you have medical accommodation as to why you need a specific break time (i.e. to take medication), your employer does not have to accommodate that request.

Does My Employer Have to Pay Me During My Break?

No. In Ontario, your employer does not have to pay you for your break time, unless your employment contract says that they must. Breaks are not considered as part of the hours worked for the day.

Can My Employer Force Me to Work During My Break?

No. In Ontario, your employer can’t force you to work during your break. According to the ESA, whether your are paid for the break or not, your employer can’t make you work while you take that break.

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Exemptions in Ontario

A number of occupations are exempt from the ESA’s directive on the 30-minute break. They include, but are not limited to:

• Dentists
• Optometrists
• Pharmacists
• Psychologists
• Chiropractors
• Massage therapists
• Physicians

Other types of breaks

Samfiru Tumarkin LLP has created additional resources to address other types of breaks that are common in Alberta workplaces:

• Bathroom breaks in Ontario
• Coffee breaks in Ontario
• Smoking breaks in Ontario
• Meal breaks and your rights in Ontario

Lost your job? Human rights violated?

If you are let go, with or without cause, or you believe that your human rights have been violated, talk to the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers have successfully represented thousands of non-unionized individuals in various regions across Ontario, Alberta, and B.C.

In addition to severance package negotiations, we can assist you on a broad range of employment matters in Ontario, including:

For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.