Key takeaways
- Notice is usually 1 week after 3 months, growing to a maximum of 8 weeks
- Your employer can give working notice, pay instead of notice, or a mix
- Ontario adds severance pay of 1 week per year (up to 26 weeks) after 5 years if the employer’s payroll is $2.5 million or more
- Federal jobs add severance of 2 days’ pay per year, at least 5 days, after 12 months
- These are minimums: a court may award more under your contract or common law
Minimum notice by length of service
| Service | ON | BC | AB | QC | MB | SK | Federal |
|---|---|---|---|---|---|---|---|
| Under 3 months | 0 | 0 | 0 (90 days) | 0 | 1 wk after 30 days | 0 (13 weeks) | 0 |
| 3 months to 1 year | 1 wk | 1 wk | 1 wk | 1 wk | 1 wk | 1 wk | 2 wks |
| 1 to 2 years | 2 wks | 2 wks | 1 wk | 2 wks | 2 wks | 2 wks | 2 wks |
| 2 to 3 years | 2 wks | 2 wks | 2 wks | 2 wks | 2 wks | 2 wks | 2 wks |
| 3 to 4 years | 3 wks | 3 wks | 2 wks | 2 wks | 4 wks | 4 wks | 3 wks |
| 4 to 5 years | 4 wks | 4 wks | 4 wks | 2 wks | 4 wks | 4 wks | 4 wks |
| 5 to 6 years | 5 wks | 5 wks | 4 wks | 4 wks | 6 wks | 6 wks | 5 wks |
| 6 to 8 years | 6–7 wks | 6–7 wks | 5 wks | 4 wks | 6 wks | 6 wks | 6–7 wks |
| 8 to 10 years | 8 wks | 8 wks | 6 wks | 4 wks | 6 wks | 6 wks | 8 wks |
| 10 years or more | 8 wks | 8 wks | 8 wks | 8 wks | 8 wks | 8 wks | 8 wks |
Boundaries differ a little between provinces (for example, Saskatchewan uses “more than 1 year up to 3 years”). The calculator applies each province’s exact wording.
Severance pay is different from notice
Notice (or pay in lieu of notice) is owed in every province. Severance pay is an extra payment that only some laws require:
- Ontario: if you worked 5 years or more and your employer has a global payroll of at least $2.5 million (or cut 50 or more jobs in 6 months because all or part of the business closed), you get 1 week of regular pay for each full year, plus a share for each completed month of a partial year, up to 26 weeks.
- Federal jobs: after 12 months, you get the greater of 2 days’ pay for each full year or 5 days’ pay.
Other provinces in this calculator do not have statutory severance pay, but you may still be owed more under common law (civil law in Quebec).
Worked example: Ontario
You worked 7 years and 9 months and earn $1,000 a week. Your employer has a payroll over $2.5 million.
- Notice: 7 weeks (7 years but less than 8). Pay in lieu: $7,000.
- Severance: $1,000 × (7 + 9/12) = $7,750. This is the example used in Ontario’s own guide.
- Total statutory minimum: $14,750, plus any unpaid wages and vacation pay.
Why you may be owed more
Employment standards laws set the floor. Unless your contract has a valid clause that limits you to these minimums, courts in common-law provinces often award “reasonable notice” based on your age, job, years of service and how hard it will be to find similar work. This can be much more than 8 weeks. Before you sign a release or accept a final offer, consider getting legal advice. Many lawyers offer a free first consultation, and legal aid clinics can help if your income is low.
What to do if you lose your job
- Ask for your termination letter, record of employment (ROE) and final pay in writing.
- Check that your final pay includes unpaid wages, overtime and vacation pay.
- Apply for Employment Insurance (EI) right away, even if you are still getting pay in lieu of notice.
- Do not sign anything you do not understand.
- If you hold a work permit tied to your employer, check how losing your job affects your status. See our work permit guide.
Common questions
Is severance pay the same as termination pay?
Do I get notice if I am fired for cause?
Do I get notice during my probation period?
Is pay in lieu of notice taxable?
Can I get EI if I received severance?
Sources
- Ontario: ESA guide, termination of employment
- Ontario: ESA guide, severance pay
- BC: Termination of employment
- Alberta: Termination and lay-off
- CNESST: Notice of termination of employment
- Manitoba: Termination of employment fact sheet
- Saskatchewan: Individual layoff or termination
- Government of Canada: Termination of employment (federal)