Creating fair and legally compliant employee schedules is a key part of workforce management. In Ontario, workplace scheduling and on-call practices are regulated by the Employment Standards Act, 2000 (ESA), which outlines minimum standards related to work hours, rest periods, on-call pay, and shift changes. Employers who fail to follow these rules risk legal complaints, employee dissatisfaction, or compliance penalties.
Here’s what employers need to know about scheduling obligations and rules for on-call work.
Hours of Work and Rest Periods
Under the ESA, most employees in Ontario are subject to the following rules related to working hours:
- Maximum Daily Hours: Employees cannot be scheduled to work more than 8 hours a day (or their regular workday if it’s longer), unless they have agreed in writing to work more hours.
- Maximum Weekly Hours: The maximum is 48 hours per week, unless the employee signs an agreement to exceed this and the employer receives approval from the Director of Employment Standards.
- Mandatory Rest Periods: Employees must receive at least 11 consecutive hours off between shifts each day.
- Weekly Rest: Employees must have at least 24 consecutive hours off work every seven days or 48 consecutive hours off in every 14-day period.
- Meal Breaks: A 30-minute unpaid meal break must be provided after no more than five hours of work. It does not need to be paid, and additional breaks are not required by law (though employers may provide them).
Employers must also keep records of employee hours and ensure schedules are set up in a way that respects these legal requirements.
Shift Scheduling and the “Three-Hour Rule”
Ontario’s ESA includes a three-hour rule to protect employees who are scheduled for a shift but are sent home early.
Under this rule:
If an employee regularly works more than three hours per shift and is scheduled to work, but works less than three hours, they must be paid for three hours at their regular rate—unless the shift was shortened because of reasons beyond the employer’s control, such as a power outage or severe weather.
This rule helps ensure that employees aren’t financially penalized for being scheduled and showing up to work, only to be dismissed shortly after arriving.
On-Call Work and the “Three-Hour Rule”
If an employee is on-call but not called in to work, the employer does not have to pay them under the ESA unless the employee is required to remain at the workplace or begins performing work. However, if the employee is called in but works less than three hours, the three-hour rule applies.
For example:
- An on-call employee is asked to come in at 10:00 p.m. and is sent home at 11:15 p.m.
- Because the employee performed work but worked less than three hours, they must be paid for three hours at their regular rate.
- This rule only applies to employees who regularly work more than three hours in a shift. It does not apply to:
- Students working part-time
- Employees in certain exempt occupations (e.g., managers, professionals, IT workers)
Right to Refuse Last-Minute Shifts
The ESA includes scheduling protections under Bill 148, which was partially repealed but introduced an important rule that still applies in some contexts:
Employees can refuse to work a shift if they are given less than 96 hours’ notice, unless the work is:
- To deal with an emergency,
- To remedy or reduce a threat to public safety,
- To ensure continued delivery of essential public services (like transit or health care), or
- Agreed upon under an employment contract or collective agreement.
While not all workplaces enforce this rule strictly, it’s important for employers to communicate schedule changes with as much notice as possible and include shift expectations in employment contracts or workplace policies.
Best Practices for Scheduling and On-Call Arrangements
To remain compliant and maintain a positive working relationship with employees, employers should:
- Provide reasonable notice of schedules (ideally one to two weeks in advance)
- Be transparent about on-call expectations, including pay policies and shift responsibilities
- Document any agreements about flexible scheduling or overtime
- Avoid cancelling shifts without cause to reduce liability under the three-hour rule
- Respect rest periods and avoid scheduling back-to-back shifts that violate ESA rest requirements
- Track hours worked accurately to remain compliant with recordkeeping obligations
Final Thoughts
Employers must balance operational needs with legal requirements and employee well-being when it comes to scheduling and on-call work. By following the Employment Standards Act, 2000 and implementing clear, fair scheduling policies, employers can avoid common compliance issues and build trust with their teams.
Whether you’re managing a retail store, a healthcare facility, or a remote team, a thoughtful approach to scheduling will help your workplace stay organized, efficient, and in line with Ontario employment law.
Need help developing compliant scheduling policies?
We can help you create or review employee scheduling and on-call procedures. Whether you need a standalone policy or support integrating scheduling language into employment contracts, handbooks, or internal systems, we’ll make sure your practices are fair, transparent, and legally sound.
Get in touch to ensure your scheduling practices protect both your business and your employees.
