Part-Time Employee Rights in Ontario

Part-time employees in Ontario have many of the same basic workplace rights as full-time employees. Working fewer hours does not mean your employer can ignore minimum wage, vacation pay, public holiday, overtime, leave or termination rules that apply to you.

There is also no fixed number of hours that legally defines part-time work in Ontario. Your employer may call you part-time because you work fewer hours than its full-time staff, but the label itself does not determine your legal protections.

If your employer suddenly cuts your hours, moves you from full-time to part-time or ends your employment, you may have additional rights — including a possible claim for severance.

On This Page:

• 1. Part-Time Hours in Ontario
• 2. Part-Time Employee Rights
• 3. Minimum Hours & 3-Hour Rule
• 4. Reduced Hours & Schedule Changes
• 5. Benefits & Leave
• 6. Termination & Severance
• 7. FAQ
• 8. Get Legal Advice

How Many Hours Is Part-Time in Ontario?

Ontario employment law does not set a specific number of weekly hours that makes an employee part-time.

There is no general rule that says 10, 20, 24 or 30 hours per week is legally considered part-time. Employers usually decide what they consider full-time and part-time for scheduling and workplace purposes.

Your employment contract, employer policies or benefit plan may use a particular number of hours to distinguish between part-time and full-time employees. That can affect workplace benefits or scheduling, but it does not erase minimum legal standards that apply to you.

Part-Time Employee Rights in Ontario

Part-time employees are generally covered by Ontario’s Employment Standards Act in the same way as other employees, subject to the exemptions and special rules that can apply to particular jobs or industries.

Your core rights can include:

• Minimum wage
• Vacation time and vacation pay
• Public holiday pay
• Overtime pay where eligible
• Meal breaks and required rest periods
• Job-protected leaves where the eligibility requirements are met
• Termination notice or termination pay where applicable
• Protection from discrimination and prohibited reprisals

Minimum Wage for Part-Time Employees

Part-time employees must generally receive at least the minimum wage that applies to them. Your employer cannot pay below the applicable minimum simply because you work fewer hours.

Ontario’s minimum wage can change each year. See our Ontario minimum wage guide for the current rate.

Vacation Time and Vacation Pay

Part-time employees can earn both vacation time and vacation pay.

Employees with less than five years of employment generally earn at least two weeks of vacation time and vacation pay of at least 4% of wages. Once an employee reaches five years of employment, the ESA minimum generally increases to three weeks of vacation and at least 6% vacation pay.

Working only a few shifts per week does not eliminate vacation pay. The amount you receive is tied to your wages and length of employment.

Public Holiday Pay

Part-time employees can qualify for public holiday pay. You do not have to work five days a week or a traditional full-time schedule to be eligible.

Public holiday pay is calculated using a formula based on regular wages and vacation pay in the relevant period before the holiday. Eligibility rules and special rules can apply depending on your job and whether you work the holiday.

Overtime Pay

Being labelled part-time does not automatically prevent you from earning overtime.

For most employees who qualify, Ontario overtime generally applies after 44 hours worked in a work week and is paid at 1½ times the employee’s regular rate. Some occupations and industries have exemptions or special rules.

For example, an employee who normally works 20 hours a week but works more than 44 hours during a particularly busy week may qualify for overtime for the hours above the threshold.

Breaks and Time Off Between Shifts

Part-time employees are also covered by Ontario’s hours-of-work and eating-period rules where those provisions apply.

Employees generally must receive:

• A 30-minute eating period after no more than five consecutive hours of work
• At least 11 consecutive hours free from work each day, subject to limited exceptions
• At least eight hours between shifts in many situations, unless an exception or permitted agreement applies
• At least 24 consecutive hours off each work week or 48 consecutive hours every two work weeks

Is There a Minimum Number of Hours for Part-Time Employees in Ontario?

No. Ontario law does not require an employer to schedule a part-time employee for a minimum number of hours each week.

A part-time employee could regularly work one shift per week, several short shifts or a schedule that changes from week to week. Your employment contract and the established terms of your job can still matter, particularly if your employer later makes a significant change to your normal hours.

Ontario’s 3-Hour Rule

A separate rule can apply when an employee reports to work but is given a very short shift.

If you regularly work more than three hours a day, are required to report to work and then work less than three hours despite being available to work longer, you may be entitled to at least three hours of pay under Ontario’s three-hour rule.

The rule has exceptions. For example, it generally does not apply where the employee’s regular shift is three hours or less, and other exceptions can apply when the shortened shift results from circumstances beyond the employer’s control.

Can an Employer Reduce a Part-Time Employee’s Hours?

Employers often have some ability to adjust schedules, particularly where a part-time employee has always worked variable hours. But there is an important difference between a normal scheduling change and a major reduction to an established term of employment.

If you have regularly worked a consistent number of hours and your employer suddenly makes a significant, permanent reduction without your agreement, the change could potentially amount to constructive dismissal.

For example, an employee who consistently works 25 hours each week and is suddenly reduced to five hours may be facing more than a simple scheduling adjustment. The size of the reduction, your employment contract, the history of your schedule and the reason for the change all matter.

Can an Employer Force a Full-Time Employee to Become Part-Time?

A major unilateral change from full-time to part-time employment can be a serious change to the employment relationship.

Reducing an employee’s hours can also substantially reduce their income. If the change was not authorized by the employment contract and the employee does not agree to it, a constructive dismissal claim may arise.

Can My Employer Cut My Hours as Punishment?

An employer cannot lawfully reduce your hours for a prohibited reason.

Depending on the circumstances, there can be legal issues if your shifts are cut because you:

• Asked about or exercised an ESA right
• Took a protected leave
• Raised a workplace safety concern
• Requested accommodation for a disability or another protected need
• Were targeted for a discriminatory reason

If your schedule changed immediately after you raised a workplace issue or exercised a legal right, keep copies of schedules, emails, text messages and other relevant records.

Do Part-Time Employees Get Benefits in Ontario?

Ontario employment law does not generally require every employer to provide a health, dental, pension or similar workplace benefit plan simply because someone is an employee.

Whether a part-time employee receives benefits can depend on:

• The employment contract
• The employer’s benefit plan
• Minimum-hour eligibility requirements
• Workplace policies
• A collective agreement for unionized employees

An employer may have different benefit arrangements for full-time and part-time employees. However, those distinctions still cannot violate Ontario’s human rights laws or other applicable legal protections.

Do Part-Time Employees Get Sick Days and Other Leaves?

Part-time employees can qualify for job-protected ESA leaves when they meet the requirements for the particular leave.

These can include sick leave, family responsibility leave, pregnancy and parental leave, bereavement leave and other protected absences. Eligibility and whether a leave must be paid depend on the specific type of leave.

See our guide to sick days in Ontario for more information.

Can Part-Time Employees Be Paid Less Than Full-Time Employees?

Ontario’s ESA does not currently contain a general rule requiring a part-time employee to receive the same hourly rate as a full-time employee solely because they perform similar work.

However, employers must still comply with minimum wage requirements, employment contracts, applicable pay equity and equal-pay laws, human rights legislation and any other legal obligations that apply to the workplace.

If you believe you are being paid less because of sex, disability, race or another protected characteristic — rather than simply because of a workplace compensation structure — different legal rights may be involved.

Do Part-Time Employees Get Severance Pay in Ontario?

Yes. Being part-time does not prevent a non-unionized employee from having termination and severance rights.

If your employer ends your employment without cause, you may be owed notice, termination pay, statutory severance pay where the ESA requirements are met, and potentially additional compensation under common law.

Your part-time schedule can affect the dollar value of your regular income, but it does not mean your service “doesn’t count.” An employee who has worked part-time for many years can still have significant termination rights. You could be owed up to 24 months’ pay.

For non-unionized employees, factors that can affect common-law severance include your:

• Age
• Length of service
• Position
• Compensation
• Employment contract
• Availability of comparable work

Learn more in our Ontario severance pay guide.

What If My Employer Says I Was “Only Part-Time”?

The fact that you were part-time does not allow an employer to ignore termination obligations that apply to you.

If your employer provides a termination package, review the offer carefully. The minimum amount listed in a termination letter is not necessarily everything you are entitled to receive.

Before you sign, always check first. Signing a release can prevent you from pursuing additional compensation.

Frequently Asked Questions About Part-Time Employee Rights in Ontario

What is considered part-time hours in Ontario?

Ontario law does not establish one number of hours that legally defines part-time employment. Your employer may use its own definition for scheduling, benefits or workplace policies.

How many hours can a part-time employee work in Ontario?

There is no separate maximum number of weekly hours simply because an employee is called part-time. Ontario’s general hours-of-work, overtime and rest rules still apply where the employee is covered by them.

Is 30 hours a week considered part-time in Ontario?

It can be. Ontario’s ESA does not automatically classify someone as full-time or part-time based on a 30-hour threshold. An employer’s policies or employment contract may use 30 hours as a dividing line.

What is the minimum number of hours for a part-time employee?

There is no general legal minimum number of hours that an Ontario employer must schedule a part-time employee each week. However, your established schedule and employment agreement can matter if your employer substantially reduces your hours.

Does a part-time employee have to work at least three hours?

No. Ontario’s three-hour rule is not a universal minimum shift length. It can require additional pay when an employee who normally works more than three hours reports to work but is given less than three hours despite being available to work longer.

Do part-time employees get vacation pay?

Yes. Part-time employees covered by the ESA generally earn vacation pay as they earn wages. The minimum is normally 4% for employees with less than five years of employment and 6% once they have five or more years of employment.

Do part-time employees get statutory holiday pay?

Part-time employees can qualify for public holiday pay. The amount is calculated under the ESA formula rather than simply paying every employee for a standard eight-hour day.

Do part-time employees get overtime?

They can. For most eligible employees, overtime applies after 44 hours worked in a week even if the employer normally classifies the employee as part-time.

Can my employer cut my part-time hours without notice?

Minor or expected scheduling changes may be permitted, particularly in a job with genuinely variable hours. A major reduction to an established schedule and income can be different and may amount to constructive dismissal depending on your contract and circumstances.

Can my employer change me from full-time to part-time?

A substantial, unilateral reduction from full-time to part-time hours can fundamentally change your employment. It may amount to constructive dismissal if the employer did not have the right to make the change. Get legal advice before accepting the change, refusing work or resigning.

Do part-time employees get severance if they are fired?

Part-time employees can be entitled to termination and severance compensation. The amount depends on the applicable ESA rules, your employment contract and, for non-unionized employees, whether common-law notice applies.

Speak With an Ontario Employment Lawyer

If your employer significantly reduced your part-time hours, moved you from full-time to part-time, changed your job or ended your employment, find out what your rights are before deciding what to do next.

Samfiru Tumarkin LLP helps non-unionized employees across Ontario understand workplace changes, challenge constructive dismissal and review termination and severance packages.