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Employment - Subjects Table of Contents (G-M)Return to D-F
GRATUITIES (TIPS)
Tips as an issue can be surprisingly complex.
Defining Tips
ESA s.1(1) Definition ["tip or other gratuity"]
Reg 125/16 Tips and Other Gratuities
No Withholding of Gratuities by Employer; Exceptions
ESA s.14.2(1-2) Prohibition on witholding tips or other gratuities
ESA s.14.3(1-2) Statute or court order exceptions re ESA 14.2 prohibition
ESA s.14.4(1-6) Pooling/Sharing of Gratuities exception re ESA 14.2 prohibition
Method of Payment
ESA s.14.1(1-3) Method of Payment of Gratuities
HOURS OF WORK, MAXIMUM
'Hours of work' as a legal issue typically involves consideration of the maximum hours of work, exemptions to those maximums, excess hour agreements, hours free from work and eating periods.
Maximum Hours of Work
ESA s.17(1) Hours of Work, Basic
Exceptions
ESA s.19 Exceptions re 'Hours of Work' and 'Hours Free From Work', Where 'Exceptional Circumstances' (1/2)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.4 Exemptions re Hours of Work and Eating Periods
Excess Hours of Work Agreements
ESA s.17(2-9) Excess Hours of Work Agreements Exception
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.32 Certain approved agreements irrevocable (hours of work agreements)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.32.1 Existing arrangements for long shifts (hours of work agreements)
Hours Free From Work
ESA s.18(1-4) Hours free from work
ESA s.19 Exceptions re 'Hours of Work' and 'Hours Free From Work', Where 'Exceptional Circumstances' (2/2)
Eating Periods
ESA s.20(1-2) Eating Periods
ESA s.21 Where Payment Not Required for Eating Periods
INDEPENDENT CONTRACTORS
This is the key 'are they an employee?' issue (Sagaz is a leading case). It's the difference between employees - which historically was referred to as a 'master-servant' relationship, and independent contractors (like your plumber). There is a rare intermediate category called 'dependent contractors' (which see above).
Employment - Independent Contractors versus Employees
INFORMATION, EMPLOYMENT
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1.2 Rules re Employment Information (Employer Duties)
INFORMATION TECHNOLOGY
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1 Definitions ["information technology professional"]
ESA s.1(1) Definition ["information technology consultant"]
INTEREST RATES (for all ESA purposes)
ESA s.88(5-6) Director May Determine Interest
INTERPRETATION, ESA
Employment Cases - ESA - Interpretation
INVESTIGATIONS (ESO)
Investigations
ESA s.91(1-13) ESO Investigations and Inspections
ESA s.88.1(1-3) ESO Investigations Reassigned by Director
ESA s.92(1-7) Search Warrants
Meetings (Mandatory ESO)
ESA s.102(1-11) Mandatory ESO Meetings
Demands (Mandatory ESO)
ESA s.102.1(1-3) Mandatory ESO Evidence or Submission Demands
JOB POSTINGS (ESO) [*** pending shift from E-laws to Canlii source when Canlii current, and further splitting]
ESA Part III.1, Job Postings, s.8.1-8.7
Reg 476/24 Job Postings
LAY-OFFS
Legally, lay-offs are closely-related to employment terminations. One fair definition of a lay-off is a 'temporarily-waived termination' - that is, an otherwise available-to-assert termination is waived by the employee in the hope of later 're-hiring' - that re-hiring coming with a preservation of past employment tenure (ie. terms and duration). Similar may be said of the employer's approach to a lay-off - ie. they don't have the work now, but they don't wish to sever the relationship in the hope that they will have the work later, and take advantage of experienced workers.
The laid-off employee thus faces a 'recall election', where they can elect to 'accept' the termination (which has legally been effected by the layoff) - or to continue the lay-off 'wait'. But ESA law imposes limits on how long such a 'wait' (ie. the lay-off) can last without deeming it a termination. There are (as of amendments in force 27 November 2025) now three types of lay-off, all defined by their duration.
In ESA terminology they are all properly called 'temporary lay-offs'. I use the terms 'short', 'long' and 'extended' to distinguish the three types (eg. I may refer to a 'long temporary lay-off'). The greater the duration of the lay-off, the more the ESA imposes regulation on them. Note importantly that (whatever your type of lay-off is) - whenever the allowed lay-off period expires, it is treated legally as a termination [though the termination date is deemed retroactively to be the first day of the lay-off: ESA s.56(5)].
Thus, 'short temporary lay-offs' - which have the least regulation applied to them - have a duration of "not more than 13 weeks in any period of 20 consecutive weeks" [ESA 56(2)(a)].
Next comes 'long temporary lay-offs' - which have a duration of "less than 35 weeks in any period of 52 consecutive weeks" [ESA 56(2)(b)]. For these, the ESA requires some indication that the employer wishes to preserve the relationship by such things as continued substantial payments or continued payments toward benefits plans - or some continued support for the worker in the form of supplementary unemployment benefits or other employment [s.56(2)(b)(i-iv)].
At 27 November 2025, presumably to preserve more existing employment relationships - but only in non-union situations - Ontario created a new category called 'extended temporary lay-off' - which have a duration of "less than 52 weeks in any period of 78 consecutive weeks" [ESA 56(2)(d)]. Rather than setting out legal requirements for this type of lay-off in the ESA, the law [at ESA 66.1(6)] sets up an 'approval' scheme (essentially a 'permit'). This allows the ES Director a wide range of additional conditions to grant approval for these 'extensions'.
Employment Cases - Lay-Off
ESA s.56(1)(c),(2-5) Lay-off and Termination
ESA s.66.1(1-11) Extended Lay-off
ESA s.67(1-9) Layoff and Right to Recall
LEAVES OF ABSENCE
This area of ESA law has mushroomed over the last few years, at least in terms of the number of different types of leave. Most 'leaves of absence' are unpaid, though not all. Their primary function (much like a lay-off) is to preserve the employment relationship with accumulated tenure (ie. terms and duration) through the duration of the 'leave', which otherwise could provide cause for termination for absenteeism. Situations justifying a leave of absence can ranges over: pregnancy, parenting, several variations of medical, bereavement, emergency and reservist duty causes.
General Rules
ESA s.53.1 Leaves apply separately
ESA s.51(1-5) Benefits Continue During Leave; Exception for Reservist Leave (1/2)
ESA s.51.1(1-3) Leave and vacation conflict
ESA s.52(1-2) Leave and Length of employment
ESA s.52.1(1-2) Calculation of Leave in Entire Weeks
ESA s.53(1-3) Reinstatement After Leave; Exception for Reservist Leave (1/2)
ESA s.45 Definition ["parent"]
ESA s.45 Definition ["spouse"]
Sick Leave
ESA s.50(0.1-9) Sick Leave
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.3 Special Rules re Certain Leaves (Sick Leave, Family Responsibility Leave, Bereavement Lease) (1/3)
Pregnancy Leave
ESA s.46(1-6) Commencement of Pregnancy Leave
ESA s.47(1-5) End of Pregnancy Leave
ESA s.46.1 Definition ["legally qualified medical practitioner"]
Parental Leave
ESA s.48(1-6) Commencement of Parental Leave
ESA s.49(1-5) End of Parental Leave
Family Medical Leave (significant risk of death)
ESA s.49.1(1-13) Family Medical Leave
Reg 535/17 Family medical leave and critical illness leave (1/2)
Organ Donor Leave
ESA s.49.2(1-14) Organ Donor Leave
Family Caregiver Leave (serious medical condition)
ESA s.49.3(1-8) Family Caregiver Leave
Critical Illness Leave (critically ill)
ESA s.49.4(1-22) Critical Illness Leave
Reg 535/17 Family medical leave and critical illness leave (2/2)
Child Death Leave
ESA s.49.5(1-12) Child Death Leave
Crime-Related Child Disappearance Leave
ESA s.49.6(1-14) Crime-Related Child Disappearance Leave
Domestic or Sexual Violence Leave
ESA s.49.7(1-18) Domestic or Sexual Violence Leave
ESA s.1(1) Definition ["domestic or sexual violence leave pay"]
Long-term Illness Leave
ESA s.49.8(1-13) Long-term Illness Leave
Family Responsibility Leave
ESA s.50.0.1(1-10) Family Responsibility Leave
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.3 Special Rules re Certain Leaves (Sick Leave, Family Responsibility Leave, Bereavement Lease) (2/3)
Bereavement Leave
ESA s.50.0.2(1-10) Bereavement Leave
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.3 Special Rules re Certain Leaves (Sick Leave, Family Responsibility Leave, Bereavement Lease) (3/3)
Emergency Leave: Declared Emergencies and Infectious Disease Emergencies
Employment Cases - Leave - Infectious Disease
ESA s.50.1(1-10) Emergency Leave: Declared Emergencies and Infectious Disease Emergencies
ESA s.50.1.1(1-32) Reimbursement of certain payments made under s. 50.1
ESA s.1(1) Definition ["infectious disease emergency leave pay"]
Reg 66/20 Infectious Disease Emergency Leave
Reg 228/20 Infectious Disease Emergency Leave
Reg 637/21 Section 50.1.1 Overpayment Recovery
Reservist Leave
ESA s.50.2(1-12) Reservist Leave
ESA s.1(1) Definition ["reservist"]
ESA s.51(1-5) Benefits Continue During Leave; Exception for Reservist Leave (2/2)
ESA s.53(1-3) Reinstatement After Leave; Exception for Reservist Leave (2/2)
Job Seeking Leave
ESA s.50.3(1-10) Job Seeking Leave
LIE DETECTORS
ESA s.68-71 Lie Detectors
MINIMUM RIGHTS (ESA)
General
Employment Cases - Minimum Rights (ESA)
Infringement of ESA Minimum Rights
Employment Cases - Minimum Rights (ESA) - Infringement - Wrongful Dismissal
ESA s.5(1) No contracting out
ESA s.5(2) Greater contractual or statutory right
This area of law has become quite active in the last few years, as employers try to reduce their termination entitlement liability. The central issue of this activity is: how employment contracts may be drafted to limit those liabilities to the employer's advantage, but still comply with the ESA. Failure to achieve ESA compliance in such efforts will reinstate the more employee-generous common law termination entitlements, which is something that employers are financially-motivated to avoid.
MINIMUM WAGE
General
ESA s.23(1-4) Minimum Wage
Minimum Wage Calculation
ESA s.23.1(1-6) Determination of minimum wage
ESA s.23.1(12) Definition ["Consumer Price Index"]
ESA s.23.0.1 Change to minimum wage during pay period
Publication of Minimum Wage
ESA s.23.1(7-9) Publication of Minimum Wage
Regulations
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.5 Rules re Minimum Wage (Room and Board)
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.6 Minimum wage for wilderness guides
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.7 Exemptions re Minimum Wage
Reg 285/01 Exemptions, Special Rules and Establishment of Minimum Wage, s.1 Definitions ["wilderness guide"]
MINISTER
ESA s.1(1) Definition ["Minister"]
ESA s.84 Minister Responsible
ESA s.87(1-2) Minister May Delegate
MINISTRY
ESA s.1(1) Definition ["Ministry"]
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