Coffee breaks in Ontario: Rights for employees

Does my employer have to provide me with coffee breaks?

The short answer is no. Under Ontario’s Employment Standards Act, 2000 (ESA), employers aren’t specifically required to provide non-unionized employees with breaks for coffee or other beverages.

However, most workers in the province are entitled to:

• One 30-minute break if their shift is at least five hours long
• Two 30-minute breaks if the shift is more than 10 hours long

READ MORE
• Ontario Break Times: Your Rights
• Bathroom breaks in Ontario
• Smoking breaks in Ontario
• Meal breaks in Ontario

What types of employees in Ontario are not entitled to a 30-minute break?

There are a number of workers who aren’t entitled to a 30-minute break under the ESA, including:

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

Are coffee breaks in Ontario paid?

The ESA doesn’t require employers in Ontario to pay staff during the 30-minute break, whether or not it’s used to have a coffee.

However, you must be paid during the break if:

• Your employment contract states that you must be paid
• You are not allowed to leave your place of work during the break

Can my employer choose when I take a coffee break?

As long as you are not working more than five hours without a break, the timing of the required break is up to your employer.

Since coffee breaks tend to be more casual than a meal break would be, your company might allow you to step away at different times of your shift to accommodate your needs.

• Example: You work from 9:30 a.m. to 5:30 p.m. Your employer has designated noon as the time when staff can take their 30-minute break. Instead of only having one coffee during your shift, you would like to have one in the morning and another in the afternoon. After speaking with your boss, the company allows you to take a 15-minute break at 11:45 a.m. and another at 3:45 p.m.

If you have any questions or concerns about your designated break times, speak with your employer.

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

If non-unionized employees in Ontario have a medical condition or health issue that requires longer or more frequent breaks, they should provide their employer with a note from their 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

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

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

In Ontario, non-unionized employees 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 coffee breaks?

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

In Ontario, companies can let non-unionized 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 coffee break?

If you lose your job because you took a break, or for any other reason (with or without cause), 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.