Industries and Jobs with Special Exemptions and/or Special Rules

Special rules apply for paramedics and emergency medical attendants.

Daily Rest Periods: On one day in each work week, the period that is free from performing work may be shorter than 11 consecutive hours but shall be at least eight consecutive hours. (See O.Reg. 502/06.)

Overtime pay 1½ × regular rate for each hour in a work week in excess of:

• Road building: streets, highways and parking lots (on-site) excluding on-site road maintenance
  55 hours, with limited averaging over two successive work weeks.
• Road building: bridges, tunnels, retaining walls in connection with streets or highways (on-site employees)
  50 hours with limited averaging over two successive work weeks.
• Sewers, watermains and incidental work, including guarding the site:
  50 hours

Public Holidays: exempted if receiving at least 7.7 per cent of wages for vacation pay or holiday pay. (See O.Reg. 285/01.)

Overtime Pay: 55 hours, with limited averaging over two successive weeks. (See O.Reg. 285/01.)

Public Holidays: Exempted if receiving at least 7.7 per cent of wages for vacation pay or holiday pay.  (See O.Reg. 285/01.)

Termination notice/pay and severance pay: Entitled to notice of termination. Exempted from severance pay. (See O.Reg. 288/01.)

Public Holidays: In some cases, may be required to work on a public holiday.  (See Special Rules for Certain Industries.)

Minimum Wage: No deductions for non-private room.  (See the Domestic Workers fact sheet.)

Overtime pay: 1½ × regular rate for each hour in excess of 50 in a work week. (See O.Reg. 285/01.)

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. (See O.Reg. 285/01.)

(Also see: 'Farm Related Exemptions', Harvesters, Landscape gardeners.)

Does not include producing commercials, video games, or educational material.  (See O.Reg. 285/01.)

Overtime pay: 1½ × regular rate for hours in excess of 50 in a work week. (See O.Reg. 285/01.)

Minimum Wage: Special rules for piece work rates and deemed payment of wages for providing room and board.

Public Holidays: Standard applies after 13 consecutive weeks or more with an employer. In some cases, may be required to work on a public holiday - (See Special Rules for Certain Industries: continuous operations)

Vacation with Pay: Standard applies after 13 weeks or more with an employer.

(See O.Reg. 285/01.)

(Also see: Farm employees, 'Farm Related Exemptions', Landscape gardeners)

Homecare, elect-to-work employees providing certain professional, personal support or homemaking services under a contract with a community care access corporation.

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. (See O.Reg. 285/01.)

Minimum Wage: 110 per cent of general minimum wage.

Public Holidays: In some cases, may be required to work on a public holiday. (See Special Rules for Certain Industries.)

(category 1)

Public Holidays: In some cases, may be required to work on a public holiday.  (See Special Rules for Certain Industries)

(category 2)

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 (See O.Reg. 285/01.)

Public Holidays: In some cases, may be required to work on a public holiday. (See Special Rules for Certain Industries.)

(category 3)

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.  (See O.Reg. 285/01.)

Minimum Wage: Rates for less than five consecutive hours/day and for five or more hours/day.  (See O.Reg. 285/01.)

Minimum Wage: (special liquor servers rate), does not include tips and gratuities.

Public Holidays and Overtime Pay: exemption and/or special rules may apply.  (See Hotel, motel, tourist resort, restaurant or tavern employees categories 1-3.)

Termination Notice/Pay, Severance Pay: Exempted from severance pay.  (See O.Reg. 288/01.)

Paramedics and Emergency medical attendants in the land and air ambulance industry who are represented by a bargaining agent

Daily Rest Periods: shall receive period of at least eight consecutive hours free from performing work in each day.

Eating Periods: by agreement between employer and bargaining agent may agree to a term that addresses the employee's entitlement to an eating period. That term applies to that employer and employee instead of section 20 of the ESA. (See O. Reg. 491/06.)

(Category 1)
Employees who are:

qualified practitioners of architecture, law, professional engineering, public accounting, surveying, and veterinary science;

registered practitioners of chiropody (including podiatry), chiropractic, dentistry, massage therapy, medicine, optometry, pharmacy, physiotherapy or psychology;

registered practitioners under the Drugless Practitioners' Act (e.g., naturopaths, osteopaths)

teachers, as defined in the Teaching Profession Act; and

students training for these professions.

(See O.Reg. 285/01.)

Personal Emergency Leave may not be taken where it would constitute an act of professional misconduct or a dereliction of professional duty.

(Category 2)
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.

(See also: hospital employees.)

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. (See Special Rules Re Residential Care Workers,  O.Reg. 285/01.)

Minimum Wage: Maximum pay period of one month. Reconciliation periods for wages are:

• January 1 - March 31
• April 1 - June 30
• July 1 - Sept. 30
• October 1 - December 31

(See O.Reg. 285/01.)

1. Work 28 hours or less a week during the school term or
2. Work during school holidays.

Minimum Wage: special student rate.

Special calculations for both termination and serverance pay and sector-specific rules for mass notice of termination (See s.74.11 ESA 2000 .)