Meal Break Law in Ontario
Workers in Ontario are entitled to meal breaks while at work. Under Ontario’s Employment Standards Act, a worker is prohibited from working more than 5 consecutive hours of work without a 30-minute meal break. Also, you have a choice! You can take multiple shorter break periods instead of one 30-minute break, but the total break period time must add up to 30 minutes.
Can an employer tell you when to take your break?
Yes. As long as the break is before the end of five continuous hours of work - the employer can tell you when to take your break.
Do employers have to schedule meal breaks?
Employers do not have to schedule a specific time for breaks! They can tell you to take your break whenever you are not busy.
What happens if an employee works during break?
If you're working during your 30-minute break, that is not considered a break. It has to be uninterrupted from work. If there is any interruption in your break, you are entitled to another 30-minute break any time before the end of the five hour period.
Are breaks paid or unpaid?
Under the Employment Standards Act, employers don’t have to pay for breaks. However, like all employment standards, all employers can pay employees for breaks if they choose. Read your employment contract.
If you have an issue or a work break complaint, then you should contact the Ministry of Labour who can issue an order on the issue if it finds the employer broke the law. If you need help doing that or have more questions, book a consultation.
Employment lawyer in Toronto. JD, University of Ottawa. About Faisal
This article is general information about Ontario employment law, not legal advice. Every situation is different. For advice about yours, book a free consultation.