Meal breaks in Ontario: Rights for employees

Does my employer have to provide me with meal breaks?

The short answer is yes. Under Ontario’s Employment Standards Act, 2000 (ESA), employers are required to give most employees one 30-minute meal break for every five hours of consecutive work.

Example: If you work from 9 a.m. to 5 p.m., your company must give you a 30-minute break before 2 p.m.

If you would rather eat twice during your shift, you can speak to your employer about splitting the 30-minute break up into two smaller breaks. The two smaller periods must total at least 30 minutes.

During your required breaks, your employer can’t make you work.

READ MORE
• Ontario break times
• Smoking breaks in Ontario
• Bathroom breaks in Ontario
• Smoking 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 meal breaks in Ontario paid?

Employers in Ontario aren’t required by the ESA to pay staff during the 30-minute meal break.

However, you must be paid during the break if it’s stated in your employment contract.

Do I have to use my meal break to eat?

No. Employees in Ontario have the right to use the 30-minute break however they wish.

You do not have to remain at your place of work during the break, unless your employer specifically says that you need to.

Can my employer choose when I take meal breaks?

As long as you are not working more than five hours without a break, your employer gets to choose when you get to take your 30-minute break.

However, if there is a specific time during your shift when you would like to take a break and eat, speak with your employer.

Example #1: You work from 8 a.m. to 4 p.m. Your company has designated noon p.m. as the time when staff can take their 30-minute break. You would prefer to eat at 1 p.m. instead. After speaking to your employer, they agree to let you eat an hour later.

Example #2: You work from 10 a.m. to 6 p.m. Your company has designated 1 p.m. as the time when staff can take their 30-minute break. Instead of only being able to eat once during your shift, you would rather have a 15-minute break in morning and another in the afternoon. After speaking to your employer, they agree to allow you to take a 15-minute break at 11:15 a.m. and another at 3:15 p.m.

I need more meal 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 meal 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 meal 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 meal breaks?

Your employer can fire you for taking breaks – even if it’s your required 30-minute break. 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 meal break?

If you are let go, with or without cause, for taking a meal break, or you believe that your human rights have been violated, 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.