WE CLAIM TO BE THE EXPERTS IN OUR
CRAFT…. SO LET’S MAKE SURE WE ARE!
WHAT IF A CLIENT ASKS….
• ARE UNPAID INTERNSHIPS LEGAL IN ONTARIO?
• WHAT ARE THE MAXIMUM NUMBER OF HOURS AN EMPLOYEE CAN WORK IN
ONE DAY?
• WHAT DOES THE LAW SAY ABOUT COFFEE BREAKS?
• CAN EMPLOYEES TAKE TIME OFF FOR DOCTOR’S APPOINTMENTS?
DO WE KNOW THE RIGHT RESPONSE?
INTERNSHIPS….
Here’s what you need to know:
if you perform work for another person or a company or other organization and you are not in business
for yourself, you would be considered to be an employee, and therefore entitled to ESA rights such
as the minimum wage.
There are some exceptions, but they are very limited, and the fact that you are called an intern
is not relevant.
All of the conditions below need to be met:
1.The training is similar to that which is given in a vocational school.
2.The training is for the benefit of the intern.
3.The employer derives little benefit from the activity of the intern while he/she is being trained.
4.Your training doesn't take someone else's job.
5.Your employer isn't promising you a job at the end of your training.
6.You have been told that you will not be paid for your time.
Are sick leave, bereavement leave,
and leave to care for sick relatives
covered under the ESA?
PERSONAL EMERGENCY LEAVE
• EMPLOYEES WHO WORK FOR EMPLOYERS THAT REGULARLY EMPLOY AT
LEAST 50 EMPLOYEES ARE ENTITLED TO PERSONAL EMERGENCY LEAVE IN
CERTAIN SITUATIONS. PERSONAL EMERGENCY LEAVE IS UNPAID, JOBPROTECTED LEAVE OF UP TO 10 DAYS EACH YEAR. IT MAY BE TAKEN IN THE
CASE OF A PERSONAL ILLNESS, INJURY OR MEDICAL EMERGENCY, OR A DEATH,
ILLNESS, INJURY, MEDICAL EMERGENCY OF, OR URGENT MATTER RELATING
TO, CERTAIN RELATIVES.
MUST EMPLOYEES PRODUCE A DOCTOR'S NOTE IF ASKED
FOR ONE BY THEIR EMPLOYER?
• IF REQUESTED BY THE EMPLOYER, THE EMPLOYEE IS REQUIRED TO PROVIDE
THE EMPLOYER WITH A COPY OF A MEDICAL CERTIFICATE RELATING TO THE
EMPLOYEE’S FAMILY CAREGIVER, FAMILY MEDICAL, OR CRITICALLY ILL CHILD
CARE LEAVE.
• AN EMPLOYER IS ALLOWED TO ASK AN EMPLOYEE TO PROVIDE EVIDENCE
THAT HE OR SHE IS ELIGIBLE FOR A PERSONAL EMERGENCY LEAVE OR CRIMERELATED CHILD DEATH OR DISAPPEARANCE LEAVE. THE EMPLOYEE IS
REQUIRED TO PROVIDE EVIDENCE THAT IS REASONABLE IN THE
CIRCUMSTANCES.
DO EMPLOYEES HAVE TO GIVE NOTICE TO THEIR EMPLOYERS
WHEN THEY QUIT THEIR JOB?
The ESA does not address the issue of employees giving notice to the
employer when they quit their job, except under the pregnancy and parental
leave provisions, which require that employees give notice to their employer
if they are not returning, and in cases where the employer is terminating the
Employment of 50 or more employees in a four-week period. Employees may
be required to provide their employer with notice that they are quitting
under other laws.
IF AN EMPLOYEE WORKS LATE, IS THE EMPLOYER REQUIRED TO
PROVIDE A RIDE HOME?
Employers have no obligation to provide transportation to or from
work under the ESA, although individual contracts of employment
or a collective agreement may require it.
WHAT DOES THE LAW SAY ABOUT COFFEE
BREAKS?
• AN EMPLOYEE MUST NOT WORK FOR MORE THAN FIVE HOURS IN A ROW
WITHOUT GETTING A 30-MINUTE EATING PERIOD (MEAL BREAK) FREE FROM
WORK. IF THE EMPLOYER AND EMPLOYEE AGREE, THE 30-MINUTE EATING
PERIOD MAY BE TAKEN AS TWO BREAKS WITHIN EACH FIVE-CONSECUTIVEHOUR WORK PERIOD. MEALS BREAKS ARE UNPAID UNLESS THE EMPLOYEE’S
EMPLOYMENT CONTRACT REQUIRES PAYMENT. EMPLOYERS DO NOT HAVE TO
GIVE EMPLOYEES “COFFEE” BREAKS OR ANY OTHER KIND OF BREAK OTHER
THAN THE EATING PERIOD.
DO EMPLOYERS HAVE THE RIGHT TO SCHEDULE AN EMPLOYEE TO
WORK AN OVERNIGHT SHIFT ALONE?
The ESA does not put restrictions on the timing of an employee's shift, other than the restrictions
relating to hours of work (i.e., the maximum length of a work day, certain number of hours employees
are entitled to be free of work, eating periods).
DO EMPLOYEES GET PAID MORE FOR WORKING SUNDAYS, OR FOR
WORKING LATE AT NIGHT?
There is nothing in the ESA that requires employees to be paid more for working Sundays, or late at
night.
WHAT ARE THE RULES ABOUT DRESS CODES?
• THE EMPLOYER IS RESPONSIBLE FOR MAKING DECISIONS ABOUT DRESS
CODES, UNIFORMS AND OTHER CLOTHING REQUIREMENTS.
• HOWEVER, A DRESS CODE CAN'T VIOLATE A COLLECTIVE AGREEMENT AT THE
WORKPLACE, THE ONTARIO HUMAN RIGHTS CODE OR THE RULES UNDER THE
OCCUPATIONAL HEALTH AND SAFETY ACT.
CAN AN EMPLOYER DEDUCT THE COST OF A UNIFORM, OR OTHER
ITEMS, FROM AN EMPLOYEE’S PAY?
Some employers require employees to pay for personal uniforms or other items as a condition of having
a job. This practice is not prohibited by the ESA. However, an employer may make a deduction from an
employee’s wages for the cost of a uniform or other items only if the employee agrees in writing to have
a specified amount deducted. Employees should ask the employer about any special requirements before
accepting a job.
Even if an employee agrees in writing, there are certain situations where the deduction may not be made.
For example, an employer cannot make deductions for a cash shortage when more than one individual
has access to a cash register – even with a written agreement. Also, an employer is prohibited from
deducting an amount due to faulty work.
Are there rules in the ESA about
wage increases?
ESA does not address wage increases. It does provide
for minimum wages.
WHY BECOME AN EXPERT …
• INSTANT CREDIBILITY
• COMMAND PREMIUM RATES
• ABILITY TO TEACH OTHERS
• COMPETENT TO DELIVER VALUE TO OUR CLIENTS
• CONFIDENCE IN YOUR DELIVERY