Domestic employees – Employment standards exceptions

Basic rules

• Domestic employees are exempt from overtime compensation or restrictions on maximum daily and weekly hours of work.
• Domestic employees who live in their employer’s home are entitled to at least the minimum wage of $2,848 per month.
• Domestic employees who do not live in their employer’s home are entitled to at least the minimum wage of $15 per hour for all hours worked.

Domestic employee

A domestic employee is a person employed to do work in the employer’s residence, for the care, comfort and convenience of members of that residence.

Casual babysitting is not considered domestic employment and falls outside the provisions of the employment standards.

Hours of work and pay

The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, doesn’t apply to domestic employees.

Exceptions to the minimum standards for regular and overtime hours

Domestic employees are:

• exempt from overtime compensation or restrictions on maximum daily and weekly hours of work
• paid at the regular rate of pay for all hours worked
• are not exempt from rest periods and days of rest
  • entitled to breaks as follows:
    • for shifts of 5 hours in length or less – no breaks
    • for shifts longer than 5 hours but shorter than 10 hours – one 30-minute break
    • for shifts longer than 10 hours – 2, 30-minute breaks
    • see Daily rest periods for more information
  • entitled to at least one day of rest each week
    • see Days of rest for more information

Minimum wage rates

For employees who live in their employer’s home:

• The minimum wage is $2,848 per month.
• Pro-rating of the monthly minimum wage is permitted where the employee agrees to work for a portion of a month, such as mornings only.
  • If monthly minimum wage is pro-rated, employees must receive at least minimum wage for each hour worked.

For domestic employees who do not live in their employer’s home:

• The minimum wage of $15 per hour applies for all hours worked.

See Minimum wage for more information.

Meal and lodging deductions

For employees who live in their employer’s home:

• There are limits to the deductions from the minimum wage for room and board that employers may take per month.
  • the maximum allowable deduction per meal is $3.35
  • the maximum allowable deduction for lodging is $4.41 per night
  • deductions may not be made for meals not consumed

Additional Employment Standards

In addition to the special provisions outlined above, all other minimum standards for employment apply to domestic employees. Additional information on these rules can be found at:

• Averaging arrangements
• Breaks and days of rest
• Deductions from earnings
• General holidays
• Job-protected leaves
• Minimum wage
• Payment of earnings
• Termination and lay-off
• Vacations
• Youth employment

How the law applies

Section 6 of the Regulation exempts domestic employees in private dwellings from Part 2, Divisions 3 (hours of work) and 4 (overtime and overtime pay) of the Employment Standards Code, except for sections 18 (rest periods) and 19 (days of rest) which continue to apply.

Alternate minimum wage provisions are established under section 9 of the Employment Standards Regulation for situations where the domestic employee primarily resides in the employer’s residence.

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