Quick answer: Many Ontario employees who have worked continuously for at least three months are entitled to written notice of termination, termination pay instead of notice, or a combination. The minimum notice under the ESA generally ranges from one to eight weeks according to service.
Minimum notice by length of employment
| Continuous service | ESA notice |
|---|---|
| 3 months to under 1 year | 1 week |
| 1 to under 3 years | 2 weeks |
| 3 to under 4 years | 3 weeks |
| 4 to under 5 years | 4 weeks |
| 5 to under 6 years | 5 weeks |
| 6 to under 7 years | 6 weeks |
| 7 to under 8 years | 7 weeks |
| 8 years or more | 8 weeks |
How termination pay is estimated
Termination pay generally reflects the regular wages the employee would have earned during the notice period. Vacation pay is also payable on termination pay. Benefits must usually continue through the statutory notice period.
Example: An employee earning $1,000 in regular wages per week with four years of service may have a four-week statutory notice entitlement: $4,000 in termination pay, plus applicable vacation pay and benefit continuation.
When an exception may apply
Exceptions can include wilful misconduct in the legal sense, certain fixed-term contracts, some temporary layoffs and other situations described in regulations. Being told that performance was “not good enough” does not automatically remove statutory entitlements.
Termination pay is not severance pay
They are separate ESA entitlements. Some long-service employees qualify for both. Read our companion guide to Ontario severance pay before accepting a final calculation.
Final-pay checklist
- Final regular wages
- Termination pay, if applicable
- Vacation pay
- Benefits through the notice period
- Record of Employment
Review the official Ontario termination guide and our Record of Employment guide.
Employment contracts and common-law rights may provide more than ESA minimums. Consider qualified legal advice for your situation.
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