Termination Notice Periods Ontario 2026
The full termination notice periods Ontario sets out in 2026 — how many weeks of notice or pay in lieu you are owed for every length of service, plus how much severance pay stacks on top.
Last updated: July 2026 · Ontario Ministry of Labour · Employment Standards Act, 2000
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How to Read This Table
When your employment ends after at least three months, your employer owes you notice of termination — or pay in lieu of that notice, or a combination of the two. The number of weeks is set by your length of service and nothing else. It is banded, so a partial year does not add a partial week: at 7 years and 11 months you receive the same 7 weeks as someone at exactly 7 years, until you cross into the next full year. The maximum notice under the ESA is 8 weeks, reached at eight years of service.
The Rule in One Line
1 week of notice per year of service · maximum 8 weeks · plus severance pay of 1 week per year (max 26 weeks) if you qualify
Termination Notice by Length of Service
| Length of service | Notice or pay in lieu |
|---|---|
| 3 months to less than 1 year | 1 week |
| 1 year to less than 3 years | 2 weeks |
| 3 years to less than 4 years | 3 weeks |
| 4 years to less than 5 years | 4 weeks |
| 5 years to less than 6 years | 5 weeks |
| 6 years to less than 7 years | 6 weeks |
| 7 years to less than 8 years | 7 weeks |
| 8 years or more | 8 weeks |
During a working notice period your employer must keep your wages and benefits unchanged. If they pay you in lieu instead, it is a lump sum equal to the wages you would have earned over the notice weeks. Employees dismissed for wilful misconduct, and those employed less than three months, are not entitled to notice or pay in lieu.
Found your notice? Two things worth checking next
→ Your total in dollars — notice pay plus severance pay, added into the full ESA minimum you are owed. → If you were not paid it — the free Ministry of Labour claim and its two-year deadline.Severance Pay Stacks on Top
The table above is termination notice, which almost every employee gets. A second entitlement — severance pay — is added on top for workers with five or more years of service whose employer has a payroll of $2.5 million or more or severed 50+ employees in six months. It is worth one week of pay per year of service, this time counting partial years as a fraction, up to a maximum of 26 weeks.
| Length of service | Severance pay (if you qualify) |
|---|---|
| Under 5 years | None |
| 5 years | 5 weeks |
| 10 years | 10 weeks |
| 15 years | 15 weeks |
| 20 years | 20 weeks |
| 26 years or more | 26 weeks (maximum) |
Understanding Your Notice Entitlement
The reason these two entitlements look so similar — both roughly one week per year — but cap out so differently is that they do different jobs. Termination notice exists to give you time and income to find a new job, so it is capped modestly at 8 weeks. Severance pay is compensation for the loss of a long-term investment in an employer, which is why it runs to 26 weeks and only applies to long-service employees at substantial employers. An employee with a long career at a large company can therefore collect both, worth up to 34 weeks of pay combined under the ESA.
There is one situation where the banded notice table is replaced entirely. In a mass termination — where 50 or more employees are let go at one establishment within a four-week period — special rules set the notice at 8, 12 or 16 weeks depending on how many are affected, regardless of individual service. If you were let go as part of a large group, check whether the mass-termination rules give you more than the individual table above.
Finally, remember that every figure here is the statutory minimum. Ontario common law can entitle a dismissed employee to substantially more notice — often several months for senior or long-service staff — but that is claimed through the courts, not the free government process, and is a matter for an employment lawyer. The ESA number is your floor, not your ceiling.
Frequently Asked Questions
How many weeks notice am I entitled to in Ontario?
One week per completed year of service, from 1 week under a year up to a maximum of 8 weeks at eight years or more. It is banded by whole years, so partial years do not add extra weeks until you cross into the next full year. Your employer can give this as working notice, pay in lieu, or a combination.
Is the 8-week maximum really all I get?
Under the ESA notice rules, yes — but two things can add to it. Severance pay of up to 26 weeks stacks on top if you have 5+ years at a large employer, and common-law reasonable notice, claimed separately through the courts, is frequently much larger. The 8 weeks is only the notice portion of the statutory floor.
What is pay in lieu of notice?
Instead of having you work through your notice period, your employer can pay you a lump sum equal to the wages you would have earned during it. It is the same number of weeks as the table above — just paid out immediately rather than worked. Employers often use it when they want you to leave right away.
Does notice pay count against my EI?
Termination and severance payments can affect when your EI benefits start, because Service Canada may allocate the payment across weeks following your job loss. It does not reduce the total EI you can receive, but it can delay the first payment. Apply for EI right away regardless — waiting past four weeks can cost you benefits.
Related pages:
📋 Rules verified — Official sources: Ontario — ESA: Termination of employment · Ontario — ESA: Severance pay
⚠️ This is general information, not financial, tax or legal advice. KnowMyGovt is an independent service with no affiliation with or endorsement by the Ontario Ministry of Labour or the Government of Ontario, and is not responsible for decisions you make based on it. For advice on your specific situation, consult an employment lawyer.
