Employment Standards Frequently Asked Questions

Does the Act require an employer to give coffee breaks?
- No. Coffee breaks are given at the discretion of the employer.
Is an employer required to pay for sick leave?
- There is no requirement for an employer to give an employee paid sick leave. However, if sick leave is paid or allowed, it may not be deducted at a later date from any other entitlement to a paid holiday, vacation pay, or other wages.
Is an employer required to pay for job orientation, training, or meetings?
- Yes, if the employer directs an employee to attend such training or meetings. Where an employer requires an employee's attendance on the employee's regular day off, the employee may be eligible for overtime, minimum daily pay, or other entitlements under the Act.
May an employer require an employee to work overtime?
- An employer may require an employee to work overtime as long as the employer pays the applicable overtime wage rates, and the hours worked are not excessive or detrimental to the employee's health or safety.
Is an employer required to pay overtime for work performed on a weekend?
- Not necessarily. Overtime is payable if the standard daily or weekly hours, or the approved hours of an averaging agreement, are exceeded.
Is an employee required to give notice of termination to an employer?
- No; however, most employers appreciate this consideration from an employee.
Does the Act permit an employee to work through an annual vacation and be paid for this time as well as receive vacation pay?
- No. An employer must ensure that an eligible employee takes his or her annual vacation as time off from work
Can the Branch require an employer to issue a Record of Employment (also known as an ROE or a Separation Certificate) or T-4 form?
- No. A Record of Employment is a document issued for Employment Insurance purposes which is a federal government responsibility. An employee should contact a local Human Resources Development Canada Employment Centre for assistance. Revenue Canada Taxation should be contacted for help in obtaining a T-4 form.
Is the time spent getting to and from a worksite considered to be work?
- Normally, the trip from home to work is considered to be a commute. No work is performed regardless of who provides the vehicle.
  The trip from home to the worksite becomes work when the employee provides a service to the employer by bringing employer-provided tools, equipment, supplies or material to the worksite. The trip is also considered to be work if an employee, at the direction of the employer, brings other employees from their homes or a designated meeting place to the worksite.