All employers in Ontario are required to keep written records about each
person they hire.
These records must be kept by the employer, or by someone else on behalf
of the employer, for a certain period of time. The employer must also
ensure that the records are readily available for inspection.
Contents and Retention of Employee Records
The employer must record and retain the following information for each
The employee's name, address and starting date of employment.
This must be kept for three years after the employee stopped working
for the employer.
The employee's date of birth if the employee is a student under 18.
This must be kept for either three years after the employee's 18th birthday
or three years after the employee stopped working for the employer,
whichever happens first.
The hours worked by the employee
each day and week.
This must be kept for three years after the
day or week of work. If an employee receives a fixed salary for each
pay period and the salary does not change (except if the employee
works overtime) the employer is only required to record:
the employee's hours in excess of those
hours in the employee's regular work week;
the number of hours in excess of eight per day (or in excess of
the hours in the employee's regular work day, if it is more than
Employers are not required to record the
hours of work for employees who are exempt from
overtime pay and the provisions for maximum hours of work.
Retention of written agreements to work excess hours or average
An employer must retain copies of every agreement made with an
employee to work excess hours or to average overtime pay for three
years after the last day on which work was performed under the
Retention of vacation time records.
Employers are required to keep records of the vacation time earned
since the date of hire but not taken before the start of the vacation
entitlement year, the vacation time earned, and vacation time taken
(if any) during the vacation
entitlement year (or stub
Retention of vacation pay records.
The employer must also keep records of the vacation
pay paid to the employee during
the vacation entitlement year (and stub period, if any) and how that
vacation pay was calculated. These records must be made no later than
seven days after the start of the next vacation entitlement year (or
first vacation entitlement year if the records relate to a stub
period) or the first payday after the stub period or vacation
entitlement year ends, whichever is later.
Generally, this information must be kept for three years after the
record of vacation time and pay was made.
Information contained in an employee's wage statement.
This must be kept for three years after the information was given to
All the documents relating to an employee's pregnancy, parental,
family medical, organ donor, personal emergency, declared emergency,
or reservist leave.
These must be kept for three years after the day the leave expired.
Employers who employ "homeworkers" are also required to keep a
register containing the name, address and wage rate of the homeworker.
This must be kept for three years after the homeworker stopped working
for the employer.