Ontario Lunch Break Law: Your Rights to Meal Breaks at Work

If you work in Ontario, you’re legally entitled to a lunch break—but many employees don’t know the rules around paid vs. unpaid time, refusal rights, or timing requirements.

This guide covers everything non-unionized workers need to know about Ontario’s lunch break laws under the Employment Standards Act (ESA).

Is a Lunch Break Mandatory in Ontario?

Yes. The ESA requires that if you work more than five consecutive hours, your employer must give you a 30-minute unpaid eating break.

Key points:

• This meal break is mandatory
• It must be taken no later than 5 hours into your shift
• It does not have to be paid
• Your employer can’t force you to skip it, even if you agree

Can an Employee Refuse a Lunch Break in Ontario?

No, you can’t legally waive your right to a lunch break if you’ve worked more than five hours. The break is required under the ESA to protect worker health and safety.

Are Lunch Breaks Paid in Ontario?

Not usually. Lunch breaks are typically unpaid unless:

• Your employment contract or company policy says otherwise
• You are required to work or stay at your workstation during your break

If your employer asks you to perform duties while eating, the break must be counted as paid time.

What Is a Meal Break Under the ESA?

The Employment Standards Act defines a meal break as:

• A minimum 30-minute unpaid period
• Given after no more than five consecutive hours of work
• Intended to allow employees time to eat or rest

Paid vs. Unpaid Lunch Break: What’s the Difference?

READ MORE
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Can Your Employer Make You Stay During Your Lunch Break?

Only if they pay you. If you’re required to:

• Stay at your workstation
• Remain on-call
• Monitor systems or phones
• Supervise others during your break

Common Scenarios & ESA Compliance

✅ What If I Work a 6-Hour Shift?

You’re still entitled to one 30-minute unpaid lunch break after 5 hours.

✅ What If I Want to Keep Working Through Lunch?

You can’t legally skip your break—your employer must still provide it.

✅ Can I Leave the Building During My Lunch?

Yes—unless your contract or duties say otherwise, you’re free to leave on unpaid time.

✅ Can My Employer Give Me an Hour For Lunch?

Yes, but they are only required to provide 30 minutes unpaid. The extra time is optional.

Violations of Ontario Lunch Break Laws

If your employer:

• Doesn’t give you a break after 5 hours
• Forces you to work during your unpaid lunch
• Refuses to pay you when you’re required to stay on duty

Speak to an Employment Lawyer

If you’ve been punished or terminated without cause for exercising your rights over lunch break laws—or your employer is violating your rights—speak to an Ontario employment lawyer at Samfiru Tumarkin LLP.

When you lose your job, you are owed maximum severance pay in Ontario — as much as 24 months’ compensation. A wrongful dismissal lawyer in Toronto can help you get what you’re entitled to.

At Samfiru Tumarkin LLP, we’ve helped thousands of 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.