Key Takeaways
On this page you will learn:
- What the Employment Standards Act is
- Whether you are protected by the Employment Standards Act
- How to file a claim under the Employment Standards Act
Table of Contents
**This toolkit is meant for people working in the care economy, or for community organizations who provide services to care workers. It is legal information, and is not intended to replace legal advice.**
What is the Employment Standards Act?
The Employment Standards Act (ESA) sets out regulations for employment in the province of Ontario. The Act is administered by the Minister of Labour who is responsible for enforcing the Act, investigating and resolving complaints, conducting inspections, and providing compliance support.
What does the Employment Standards Act protect?
The Employment Standards Act protects employment rights for most employees in Ontario, including domestic and homecare workers, like:
Minimum wage
Regular payment of wages
Maximum hours of work
Rest periods
Overtime
Vacation
Pregnancy
Sick leave
Bereavement leave
Family caregiver leave
Family medical leave
Critical illness leave
Domestic or sexual violence leave
Termination notice and/or pay in lieu of notice
Severance pay
These are only some examples and not the full list of entitlements that the law provides.
*However, even though domestic and homecare workers are protected by the ESA, there are some special rules and exemptions that apply.
Are you covered by the Employment Standards Act?
First you need to figure out if you are an employee or an independent contractor.
Does the person who hired you…
- Establish regular working hours?
- Assign and supervise your tasks?
- Provide tools to accomplish your tasks?
Then you are most likely an employee under the ESA.
Do you…
- Manage your own employment (are self-employed)?
- Set your own schedule?
- Use your own tools?
Then you are most likely an independent contractor under the ESA.
For example: a live-in caregiver is covered by the ESA – but a casual babysitter is not.
Resource
If it is still not clear if you are an Employee or an Independent Contractor, you can find more information from the following links:
- Employment status: Employee or self-employed from the Government of Canada website.
- This resource from the Workers Action Group (resources are also available in Chinese, Bengali, Punjabi, Somali, Tamil, Spanish).
NOTE: If you are a unionized worker, then your Collective Agreement sets out the conditions of your employment.
Are domestic workers and homecare workers covered by the Employment Standards Act?
The short answer is yes.
If you are a domestic or homecare worker, you are entitled to many of the same rights as other workers like:
- Minimum wage
- Rest periods
- Overtime pay
- Vacation with pay
- Pregnancy and parental Leave
- Sick leave
- Termination pay
However, there are some rules and exemptions that apply only to domestic and homecare workers when it comes to things like overtime pay, maximum hours worked, and minimum wage.
The minimum wage in Ontario is $17.60 (as of July 2026).
Learn more by clicking on the relevant tab below:
Are you a domestic worker?
You are a domestic worker under the ESA if you work directly in your employer’s home to provide:
- Domestic services or care
- Supervision or personal assistance to:
- Children
- Seniors
- Persons with disabilities
You do not have to live in your employers’ home.
You can work part-time or full-time.
You are not a domestic worker if you are employed by a private company or agency, or if you provide occasional short-term care services (like babysitting).
Do domestic workers get a minimum wage?
Yes. The minimum wage in Ontario is $17.60. If your employer provides room and board, they can deduct this from your pay but there is a maximum amount they can deduct.
There are specific things that your employer must provide for it to be considered room and board (like reasonable furnishings).
Deductions
MAX Amount per Week
Private room
$31.70
Non-private room
$0.00
Meals and private room
$85.25
Meals and non-private room
$53.55
Source: [O. Reg. 285/01]
Resource
More information about the deductions your employer can make for room and board is available on the Government of Ontario website.
Are you a homecare worker?
You are a homecare worker under the ESA if you do homemaking or personal support:
- In someone’s home and
- Your employer is not the owner or renter of the home
Special rules or exemptions for homecare workers:
If you work 12 hours or less
You are entitled to minimum wage
You are NOT entitled to:
- Daily or weekly limits on hours of work
- Daily rest periods
- Time off between shifts
- Weekly/bi-weekly rest periods
- Eating periods
- Overtime pay
Your employer does not need to record the daily or weekly number of hours worked.
If you work more than 12 hours
Any hours worked over 12 hours can be paid at a rate below minimum wage
If you work more than 12 hours at minimum or higher
You are still entitled to the overtime and maximum hours of work rules of the ESA
Source: [O. Reg. 285/01 s.11]
Resource
For more information visit the Government of Ontario government website.
Am I protected as a care worker if I am working through a temporary foreign worker program?
You might be protected under the Employment Protection for Foreign Nationals Act (EPFNA).
The EPFNA protects you if you are:
- A foreign national and
- Employed through an immigration or foreign temporary employee program, or looking for employment through these programs
Your employer cannot:
- Take your property (like your passport or work permit)
- Charge you for costs they take on to hire you*
- Punish you for
- Asking about your rights under this law
- Asking for someone to comply with this law
- Making a complaint to Ministry under this law
- Trying to exercise your rights under this law
- Giving information to an Employment Standards Officer
- Testifying or participating in a proceeding under this law
*there are exceptions for seasonal agricultural workers.
Resource
Learn more about your rights under the EPFNA on the Government of Ontario website.
Check out our Resources Section if you want more information or if you are looking for legal advice.
How do I file a claim under the Employment Standards Act?
If you think your employer has violated the Employment Standards Act (ESA) or the Employment Protection for Foreign Nationals Act (EPFNA) you can file a claim online with the Ministry of Labour, Immigration, Training and Skills Development.
What to know before you start:
- Visit Ontario.ca/ Employment
Standards for more information on your rights and employer obligations. - You must file your claim within 2 years of the alleged ESA violation and 3.5 years of the alleged EPFNA violation.
What you’ll need:
- Internet access
- An email address
- Computer or mobile device with a supported browser such as Google Chrome, Safari, Firefox, or Microsoft Edge
- Relevant documents to support your claim, such as:
- Pay stubs
- Records of hours worked
- Record of employment
Resource
Filing a claim can be a long and complicated process. If you need more information or legal advice before proceeding, please look at our Resources section.