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Severance Pay Calculator

Calculates statutory severance pay entitlement for employees in Canada under the Ontario ESA or Canada Labour Code, based on province, years of service, and weekly wage.

Your details

Select the province or territory where you work. Federal employees (e.g., banking, interprovincial transport) should select 'Federal'.

Enter your total years of continuous employment with this employer. Use decimals for partial years (e.g., 5.5 for 5 years and 6 months).

Enter your regular weekly wage before deductions. If you are paid monthly, divide your monthly salary by 4.333. If you are paid bi-weekly, divide your bi-weekly pay by 2.

For Ontario only: Enter your employer's annual payroll in Ontario. This is only required to determine severance eligibility under the Ontario Employment Standards Act. If unknown, the calculator will assume the threshold is met, but your actual eligibility may differ.

Select the primary reason for your termination. Statutory severance pay generally applies to terminations 'without cause'.

Result

Statutory Severance Pay Amount CA$30,000.00

The total statutory severance pay entitlement, calculated as total weeks multiplied by your weekly wage.

How it is calculated

Eligible for Statutory Severance Pay? Determines if you are eligible for statutory severance pay under the laws of your province or the Canada Labour Code. Termination 'with cause' generally disqualifies.
Yes
Meets All Eligibility Criteria Final eligibility determination after applying province-specific rules (e.g., Ontario's 5-year and payroll threshold, Federal's 1-year threshold).
Yes
Severance Weeks per Year of Service The number of weeks of pay granted for each full year of service, as defined by the applicable legislation. For federal, days are converted to weeks (5 days = 1 week).
2
Total Severance Weeks Entitlement Total weeks of severance pay you are entitled to receive.
20
Keep in mind
  • This calculator estimates statutory minimum severance pay only. Many employees are entitled to greater 'common law reasonable notice,' which requires legal advice.
  • For Ontario: Severance pay under the ESA only applies if you have worked for 5+ years AND your employer's annual Ontario payroll is $2.5 million or more. If you don't know the payroll, the calculator assumes the threshold is met.
  • For Federal jurisdiction: Severance pay under the Canada Labour Code applies after 12 consecutive months of employment (1 year). The entitlement is 2 days' pay per year for the first 5 years and 3 days' pay per year thereafter, capped at 40 days total.
  • Most provinces (AB, BC, MB, NB, NL, NS, PE, QC, SK, NT, NU, YT) do not have statutory severance pay provisions. Eligibility shown as 'false' does not mean you have no entitlement at common law or to statutory termination pay.
  • The 'Employer's Annual Payroll' input is only used for the Ontario calculation. If you are not in Ontario, you can ignore it.

Indicative result, calculated from the details and the rules listed below. It does not replace an official calculation or advice from a professional.

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Employment Agreement

Severance Pay in Canada

Severance pay is compensation an employer may be required to provide to an employee upon termination of employment without cause. In Canada, entitlement to severance pay can arise from two main sources: provincial or federal employment standards legislation (statutory minimums) and the common law (reasonable notice). This calculator focuses on the statutory minimums for severance pay, which are distinct from termination pay (pay in lieu of notice).

How Statutory Severance Pay is Calculated

The calculation depends on the jurisdiction governing your employment.

  • Ontario: Under the Employment Standards Act (ESA), severance pay is required if an employee has five or more years of service and the employer has an annual payroll in Ontario of $2.5 million or more. The entitlement is two weeks' pay for each year (or part year) of service.
  • Federal: The Canada Labour Code provides severance pay for employees with at least 12 consecutive months of service (1 year). The entitlement is two days' pay for each of the first five years of service, and three days' pay for each subsequent year, up to a maximum of 40 days. This calculator converts days to weeks (5 days = 1 week).
  • Other Provinces: Most other provinces and territories do not have specific statutory severance pay provisions. However, employees may still be entitled to statutory termination pay (a different concept, often called "pay in lieu of notice") or common law reasonable notice. This calculator does not cover those entitlements.

Example Calculation

Maria worked for a large manufacturing company in Ontario for 10 years. Her regular weekly wage was $1,500. Her employer's annual payroll in Ontario is $3 million. She is laid off due to a restructuring (termination without cause).

  1. Eligibility: She has over 5 years of service, and the employer's payroll exceeds $2.5 million. She is eligible.
  2. Weeks per Year: Ontario's rate is 2 weeks per year.
  3. Total Weeks: 10 years × 2 weeks/year = 20 weeks.
  4. Severance Amount: 20 weeks × $1,500/week = $30,000.

This $30,000 is her minimum statutory entitlement under the ESA. Her employment contract or common law rights might provide for a larger amount.

Frequent Scenarios

  • Small Business Employees in Ontario: Even with long service, if the employer's payroll is under $2.5 million, no statutory severance pay is owed under the ESA.
  • Federal Employees: An employee under federal jurisdiction with 15 years of service would receive 2 days per year for the first 5 years (10 days) and 3 days per year for the next 10 years (30 days), totaling 40 days (the maximum, or 8 weeks) of pay.
  • Termination With Cause: If an employee is terminated for serious misconduct (with cause), they are generally not entitled to statutory severance pay or termination pay.

Next Steps: Preparing an Employment Agreement

To clearly define termination obligations, including any severance pay beyond the statutory minimum, employers and employees should use a comprehensive Employment Agreement. This document can specify notice periods, severance formulas, and the governing law, providing clarity and potentially avoiding disputes. Our Employment Agreement template allows you to detail these terms at the start of the employment relationship.

Frequently asked questions

What is the difference between severance pay and termination pay?

Termination pay (or pay in lieu of notice) is compensation for the required notice period an employer must give before ending employment without cause. Severance pay is an additional lump sum intended to compensate long-service employees for the loss of their job, often triggered by mass layoffs or the employer's financial size. In Ontario, they are separate entitlements under the Employment Standards Act.

I was terminated without cause in British Columbia. Why does the calculator show $0 severance?

British Columbia's Employment Standards Act does not provide for statutory severance pay. Your entitlement would be to statutory termination pay (pay in lieu of notice) based on your length of service, and potentially to greater damages under common law for 'reasonable notice.' This calculator only covers statutory severance pay as defined in Ontario and under the federal Canada Labour Code.

My employer is offering less than this calculator's result. What should I do?

This calculator provides the legal minimum for statutory severance. An employer must meet or exceed this amount. If the offer is below this minimum, you may file a claim with the provincial or federal labour standards branch. However, you may be entitled to more under common law. It is advisable to consult with an employment lawyer to understand your full rights.

Does severance pay apply if I quit or retire?

No. Statutory severance pay generally only applies when an employer terminates employment without cause. Voluntary resignations and most retirements do not trigger severance pay entitlements.

How is weekly wage calculated if I am paid monthly or hourly?

For monthly salaries, divide your gross monthly salary by 4.333 to get an average weekly wage. For hourly employees, multiply your regular hourly rate by your average weekly hours. Use your regular rate of pay, not including overtime, unless overtime was a regular part of your earnings.

What if I don't know my employer's payroll size in Ontario?

The calculator will assume the payroll meets the $2.5 million threshold if you leave the field blank. This means it will show you the severance amount you would be entitled to if the threshold is met. Your actual eligibility may differ. When in doubt, you can seek clarification from your employer or assume you are not eligible for statutory severance under the ESA, though you may have other rights.