How Are You Covered by the ESA
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This fact sheet is provided for your information and convenience only. It is not a legal document. For further details, consult the fact sheets. For complete information, refer to the regulations.
Before you read this document, please read our General Information fact sheet and find out if the ESA applies to you.
What jobs are covered by the ESA, but with exceptions?
Certain industries and employees are covered by the ESA, but exempt from (i.e., not covered by) some sections. Or they are covered by the ESA, but subject to special rules.
The chart in this Fact Sheet lists industry/job categories where there are exceptions to the ESA's usual rules. It also cross-references 10 key minimum standards of the ESA, and whether those minimum standards (or any special rules) apply to each industry/job category. They are:
- minimum wage
- hours of work
- daily rest periods
- weekly/bi-weekly rest periods
- eating periods
- overtime pay
- paid public holidays
- vacation with pay
- pregnancy, parental, family medical, personal emergency, and declared emergency leave
- termination notice/pay, severance pay.
If you need more details than the chart provides, refer to the written sources and contacts listed in Need More Information? at the end of this Fact Sheet.
Here is an example that shows how to use the chart and other sources to get the information you need about industry-specific and job-specific exemptions, and special rules.
A typical case:
Jane works in a hospital. She wants to find out which of the 10 key minimum standards of the ESA apply to her.
- Jane begins by looking under "hospital employees" in the left-hand "job categories" column of the chart. [Chart Index: hospital employees]
- Then, Jane checks the right-hand "minimum standards " column. It tells her that hospital employees are covered by all 10 of the key minimum standards of the ESA covered by the chart. But it also says that the rules for paid public holidays are different for employees in her category.
- Jane wants to know more about when she might be required to work on a public holiday. So she refers to Need More Information? at the end of this Fact Sheet and decides to get the "Public Holidays" Fact Sheet from the Ministry of Labour website. It explains that hospital employees can be required to work on a public holiday--when the holiday falls on a day that is ordinarily a working day for them, and they are not on vacation.
Specifically, what are the industries and jobs that are exempt from sections of the ESA-or have special rules?
The following chart provides an overview of:
- industries and jobs that are exempt from (i.e., not covered by) minimum standards of the ESA, and/or have special rules, and
- whether any of the 10 key minimum standards of the ESA and/or special rules apply to each of the industry/job categories.
Industries and Jobs with ESA Exemptions and/or Special Rules
| Job Categories C = Covered |
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|---|---|---|---|---|---|---|---|---|---|---|
| Ambulance drivers, ambulance drivers' helpers and first aid attendants on an ambulance | C | C | SRA | C | SRA | NC | C | C | C | C |
| Construction employees (on-site
and related off-site) Overtime pay 1½ × regular rate for each
hour in a work week in excess of: Public Holidays Exempted if receiving at least 7.3 per cent of wages for vacation pay or holiday pay |
C | NC | NC | NC | C | SRA | SRA | C | C | NC |
| Construction employees: Road
maintenance (on-site)
Overtime Pay: 55 hours, with limited averaging over two successive weeks Public Holidays: Exempted if receiving at least 7.3 per cent of wages for vacation pay or holiday pay Termination notice/pay and severance pay: Entitled to notice of termination. Exempted from severance pay. |
C | NC | NC | NC | C | SRA | SRA | C | C | SRA |
| Continuous operation employees (e.g. oil refineries, steel works, breweries)
Public Holidays: In some cases, may be required to work on a public holiday--see the Public Holidays Fact Sheet. |
C | C | C | C | C | C | SRA | C | C | C |
| Crown employees | NC | NC | NC | NC | NC | NC | NC | NC | C | C |
| Domestic workers employed by
a householder. Provides services in the household or care, supervision
or personal assistance to children, senior or disabled members of
the household. Does not include a sitter who provides care,
supervision or personal assistance to children on an occasional, short-term
basis.
Minimum Wage: No deductions for non-private room. For a list of
permitted deductions--see the Minimum
Wage Fact Sheet. |
SRA | C | C | C | C | C | C | C | C | C |
| Drivers and drivers' helpers on a 'for hire'delivery vehicle for local cartage Overtime pay: 1½ × regular rate for each hour in excess of 50 in a work week. |
C | C | C | C | C | SRA | C | C | C | C |
| Drivers of highway transport
trucks ('for hire') operated by holders of Truck Transportation
Act operating licenses
Overtime pay: 1½ ×regular rate for each hour in excess of 60 in a work week; based only on hours driver is directly responsible for truck. |
C | C | C | C | C | SRA | C | C | C | C |
| Elect to work employees may
choose to work when requested and may refuse work without penalty.
Public Holidays: General standard does not apply, but entitled to 1½ × regular rate for hours worked on the holiday. |
C | C | C | C | C | C | SRA | C | C | NC |
| Embalmers and Funeral Directors | C | NC | NC | NC | C | C | C | C | C | C |
| Farm employees who are directly
employed in primary production of eggs, milk, grain, seeds, fruit,
vegetables, maple products, honey, tobacco, herbs, pigs, cattle, sheep,
goats, poultry, deer, elk, ratites, bison, rabbits, game birds, wild
boar and cultured fish. (Also see: Harvester, 'Near Farming', Landscape gardeners) |
NC | NC | NC | NC | NC | NC | NC | NC | C | C |
| 'Near farming'. Workers directly
employed in mushroom growing; growing of flowers, trees and shrubs
for the retail and wholesale trade; growing, transporting and laying
of sod; breeding and boarding of horses on a farm; or the keeping
of fur-bearing mammals under the Fish and Wildlife Conservation
Act, 1997 for propagation or commercial production of pelts.
(Also see: Farm employees, Harvesters, Landscape gardeners) |
C | NC | NC | NC | NC | NC | NC | C | C | C |
| Firefighters | C | NC | NC | NC | C | NC | NC | C | C | C |
| Fishers (commercial) | NC | NC | NC | NC | NC | NC | NC | NC | C | C |
| Fresh fruit, vegetable canning,
processing and packing or distribution: seasonal employees (with the employer
not more than 16 weeks in a calendar year).
Overtime pay: 1½ × regular rate for hours in excess of 50 in a work week. |
C | C | C | C | C | SRA | C | C | C | C |
| Harvesters of fruit, vegetables
and tobacco (Also see: Farm employees, 'Near Farming', Landscape gardeners) Minimum Wage: Special rules for piece work rates and deemed payment of wages for providing room and board - see the Minimum Wage Fact Sheet. Paid Public Holidays: Standard applies after 13 weeks or more with an employer. In some cases, may be required to work on a public holiday - see the Public Holidays Fact Sheet (Continuous Operations). Vacation with Pay: Standard applies after 13 weeks or more with an employer. |
SRA | NC | NC | NC | NC | NC | SRA | SRA | C | C |
| Homemakers employed by a third
party, such as an agency, to perform domestic services for a householder
and/or family in their private residence.
Minimum Wage: Employer not required to pay more than 12 hours/day at (at least) minimum wage. |
SRA | NC | NC | NC | NC | NC | C | C | C | C |
| Homeworkers (employees who do
work such as: word processing, telephone soliciting, online research,
sewing, manufacturing, or preparing food for resale in their own home
for an employer)
Minimum Wage: 110 per cent of general minimum wage. See the Minimum Wage Fact Sheet. |
SRA | C | C | C | C | C | C | C | C | C |
| Hospital
employees
Public Holidays: In some cases, may be required to work on a public
holiday--see the Public Holidays
Fact Sheet. |
C | C | C | C | C | C | SRA | C | C | C |
| Hotel, motel, tourist resort,
restaurant or tavern employees Public Holidays: In some cases, may be required to work on a public holiday--see the Public Holidays Fact Sheet. |
C | C | C | C | C | C | SRA | C | C | C |
| Hotel, motel, tourist resort,
restaurant or tavern employees who are provided with room and
board and who work more than 16 and not more than 24 weeks per year
Overtime pay: 1½ × regular rate for each hour in excess of 50 in a work week Public Holidays: In some cases, may be required to work on a public holiday--see the Public Holidays Fact Sheet. |
C | C | C | C | C | SRA | SRA | C | C | C |
| Hotel, motel, tourist resort,
restaurant or tavern employees who are provided with room and
board and who work 16 weeks or less per year
Overtime pay: 1½ × regular rate for each hour in excess of 50 in a work week |
C | C | C | C | C | SRA | NC | C | C | C |
| Hunting and fishing guides Minimum Wage: Rates for less than five consecutive hours/day and for five or more hours/day. See the Minimum Wage Fact Sheet. |
SRA | NC | NC | NC | C | NC | NC | C | C | C |
| Information technology professionals who use specialized knowledge and professional judgement to work with information systems based on computers and related technologies. | C | NC | NC | NC | NC | NC | C | C | C | C |
| Landscape gardeners | C | NC | C | C | C | NC | NC | C | C | C |
| Liquor servers Minimum Wage: (special rate liquor servers rate), does not include tips and gratuities. See the Minimum Wage Fact Sheet. Public Holidays and Overtime Pay: exemption and/or special rules may apply--see Hotel, motel etc. |
SRA | C | C | C | C | SRA | SRA | C | C | C |
| Maintenance employees working
on site on buildings, structures, sewers, pipelines, mains, tunnels
or other works except roads.
Termination Notice/Pay, Severance Pay: Exempted from severance pay. |
C | C | C | C | C | C | C | C | C | SRA |
| Managerial and supervisory employees | C | NC | NC | NC | C | NC | C | C | C | C |
| Part-time employees unless employed in an exempted industry or occupational group. | C | C | C | C | C | C | C | C | C | C |
Professionals Employees who are:
|
NC | NC | NC | NC | NC | NC | NC | NC | SRA | C |
| Professionals: registered practitioners
under Schedule 1 of the Regulated Health Professions Act, 1991, not listed in the previous section Audiologists, dental hygienists, dental technologists, denturists, dieticians, medical laboratory technologists, medical radiation technologists, midwives, nurses, occupational therapists, opticians, respiratory therapists and speech language therapists. Personal Emergency Leave may not be taken where it would constitute an act
of professional misconduct or a dereliction of professional duty.
|
C | C | C | C | C | C | C | C | SRA | C |
| Registered real estate salespersons working for a registered broker. | NC | NC | NC | NC | NC | NC | NC | NC | C | C |
| Residential care workers who care for or supervise children or developmentally handicapped persons
in a residence and live in the residence when working.
Minimum Wage: Hourly minimum wage entitlement to a maximum of 12 hours a day, unless employee provides the employer with an accurate daily record of hours worked, in which case the daily maximum is 15 hours. Free time: 36 hours per work week, which are to be consecutive unless the employee consents to another arrangement. If an employee consents to work during free time, wages are calculated at 1½ X the regular rate for time worked or time in lieu may be added to one of next eight free time periods. |
SRA | NC | NC | SRA | NC | NC | C | C | C | C |
| Salespersons--commission who normally sell away from their employer's office or plant (except those who sell on a route). | NC | NC | NC | NC | NC | NC | NC | NC | C | C |
| Salespersons--commission in
automobile sector
Minimum Wage: Maximum pay period of one month. Reconciliation periods
for wages are: |
SRA | C | C | C | C | C | C | C | C | C |
Students under 18 who: 2. Work during school holidays. Minimum Wage: (special student rate) See the Minimum Wage Fact Sheet. |
SRA | C | C | C | C | C | C | C | C | C |
Students employed:
|
NC | C | C | C | C | NC | NC | C | C | C |
| Superintendents, janitors and caretakers of a residential building who reside in the building. | NC | NC | NC | NC | C | NC | NC | C | C | C |
| Swimming pools: Persons employed to install and maintain swimming pools. | C | NC | C | C | C | NC | NC | C | C | C |
| Taxicab drivers | C | C | C | C | C | NC | NC | C | C | C |
What if the employer does not follow the ESA?
If an employee thinks the employer is not complying with the ESA, he or she can call the Employment Standards Information Centre at 416-326-7160 or toll free at 1-800-531-5551 for more information about the ESA and how to file a complaint. Complaints are investigated by an employment standards officer who can, if necessary, make orders against an employer—including an order to comply with the ESA. The ministry has a number of other options to enforce the ESA, including requesting voluntary compliance, issuing an order to pay wages, an order to reinstate and/or compensate, a notice of contravention, or issuing a ticket or otherwise prosecuting the employer under the Provincial Offences Act.
Employment Standards Information Centre
416-326-7160 (Greater Toronto Area)
1-800-531-5551 (toll free Canada-wide)
1-866-567-8893 (TTY for hearing impaired)
