In Ontario, the Employment Standards Act (ESA) provides most employees with one 30 minute meal break for every 5 hours of work. This meal break must be uninterrupted and does not have to be paid. Employees may also request to split this 30 minute period into two 15-minute breaks. Such agreement may be in writing or made verbally.
As may be a surprise to some, employees in Ontario are not entitled to two 15-minute breaks in addition to their 30 minute lunch period. Under the ESA, there are only provisions regarding 30-minute meal breaks. Employees, however, are entitled to greater benefits as compared to the provision in the ESA if their employer has established this in writing or through established practices. Thus, for instance, if it is an established practice for an employer to grant employees an additional two 15-minute breaks (paid or unpaid), this would take precedence and apply to the particular workplace. Some other greater benefits may include being paid for the 30 minute meal period, being paid for additional break periods, and so on.
There are some professions that are exempt from the provisions governing 30-minute uninterrupted meal periods. Some of these professions include chiropodists, chiropractors, dentists, massage therapists, optometrists, pharmacists, physicians, physical therapists, psychologists, and so forth.
Are 15-minute breaks required by law in Ontario?
No. The Ontario Employment Standards Act does not require employers to provide 15-minute breaks. The only break the ESA guarantees is one uninterrupted 30-minute meal break for every five consecutive hours of work.
Employees and employers may agree to split that 30-minute break into two eating periods at their discretion, but this is not mandatory. If an employer already provides additional paid or unpaid 15-minute breaks as a written policy or longstanding practice, that benefit would apply in that workplace.
How many breaks are required in an 8-hour shift in Ontario?
Under Ontario’s labour laws, an employee working an eight-hour shift is entitled to one 30-minute uninterrupted meal break after no more than five hours of work. There is no legal requirement for additional breaks.
Are breaks supposed to be 15 minutes?
There is no legal requirement for 15-minute breaks in Ontario. The law only mandates designated break time (a 30-minute meal break) if an employee works 5 consecutive hours. This unpaid break can be split into two 15-minute breaks if both sides agree.
The legislation does not require employers to offer standalone 15-minute periods for “coffee breaks”. Unpaid or paid “coffee breaks” are not uncommon. Depending on the workplace, they can be part of a company policy, an established workplace practice, or something you work out with your employer through a verbal, electronic or written agreement.
Should I get a break in an 8-hour shift?
Yes. In Ontario, you must receive at least one continuous 30-minute break during an eight-hour shift. This unpaid break must be uninterrupted. Ontario break laws do not require any more beyond this. Any additional rest periods depend on your employer’s policies or established workplace norms.
How long of a break do you get for an 8-hour shift?
Legally, the ESA requires one 30-minute meal break for every five hours worked. For an eight-hour shift in Ontario, that is the minimum. Employers may choose to offer longer breaks or additional paid/unpaid rest periods, but this is not mandated by law. Certain professions are exempt from these rules in the ESA.
When Break-Time Issues Signal Bigger Workplace Problems
Break times in Ontario workplaces are defined in clear language in the ESA, however, break entitlements can cause issues in certain workplaces.
Inconsistent scheduling that complicates taking your legally entitled break, or outright denial of statutory breaks, could be a violation of your workplace rights.
If you’re questioning whether your employer is following Ontario’s standards, or if these concerns connect to broader problems with overtime pay, work hours, or workplace treatment, an employment lawyer can help determine whether or not your situation violates your rights and what can be done about it.
At Whitten & Lublin, we help employees understand their rights and entitlements, so they can make informed decisions and push back against unfair treatment. When something doesn’t feel right at work, clarity is your first form of protection. That’s what we can provide you.
You can speak with our team at (416) 640-2667 or reach out online to schedule a consultation with an employment lawyer.
