Determining an employee’s tenure varies by entitlement and circumstance
Several entitlements under the Ontario Employment Standards Act, 2000 (ESA) are based on an employee’s length of service with an employer. This includes an employee’s entitlement to notice of termination, severance pay, vacation, and leaves of absence. However, it may surprise an employer to know that an employee’s length of service is calculated differently depending on both the circumstances and entitlement at issue.