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Free tools › Notice periods by country

Notice period: Canada vs United States

Statutory notice period in Canada and the US, side by side, with the primary source for every figure.

How do notice periods compare between Canada and US?

Canada: Ontario: 1 to 8 weeks by tenure after 3 months' employment. Common law can add more on top, but it is a judicial assessment, not a formula. United States: None. Employment is at-will; the only federal notice rule is the WARN Act's 60 days for qualifying mass layoffs.

Canada vs United States, side by side

CanadaUnited States
The ruleOntario: 1 to 8 weeks by tenure after 3 months' employment. Common law can add more on top, but it is a judicial assessment, not a formula.None. Employment is at-will; the only federal notice rule is the WARN Act's 60 days for qualifying mass layoffs.
At 1 year2 weeksNo statutory scale
At 5 years5 weeksNo statutory scale
At 10 years8 weeksNo statutory scale
Key numbersOntario notice: 1 to 8 weeks by tenure; Qualifying period: 3 months; Federal scale: 2 weeks, then 1 week per year from 3 years (cap 8)Individual dismissal: No federal notice requirement; WARN Act: 60 days, mass layoffs at 100+ employee firms; State variation: Mini-WARN laws in several states

Canada

Ontario's Employment Standards Act scales written notice (or pay in lieu) at roughly a week per year of service, capping at 8 weeks. Courts can award longer common-law reasonable notice based on the Bardal factors, which is why Canadian termination costs are hard to predict from statute alone; the ESA figure is the floor, not the estimate. Federally regulated employers follow a separate graduated scale, 2 weeks until 3 years' service and then a week per year to the same 8-week cap.

  • Ontario notice1 to 8 weeks by tenure
  • Qualifying period3 months
  • Federal scale2 weeks, then 1 week per year from 3 years (cap 8)
  • Common lawCan exceed the ESA floor; no formula
Length of serviceEntitlement
Under 3 monthsNone
3 months to under 1 year1 week
1 to under 3 years2 weeks
3 to under 4 years3 weeks
4 to under 5 years4 weeks
5 to under 6 years5 weeks
6 to under 7 years6 weeks
7 to under 8 years7 weeks
8 years or more8 weeks (cap)
  • We publish the statutory minimums only. Common-law reasonable notice is real and often larger, but courts reject per-year formulas, so no calculator or table can state it honestly.
  • Provinces vary; Ontario is the reference jurisdiction here.

Source: Ontario ESA guide (ESA 2000; federal scale from 1 Feb 2024). Checked July 2026.

United States

No US federal law requires notice for an individual dismissal. The WARN Act requires 60 calendar days' written notice, but only for plant closings and mass layoffs at employers with 100 or more employees, and several states run stricter mini-WARN versions. Individual notice, where it exists, comes from the contract.

  • Individual dismissalNo federal notice requirement
  • WARN Act60 days, mass layoffs at 100+ employee firms
  • State variationMini-WARN laws in several states
  • Montana is the main exception to pure at-will employment.
  • Failing to give WARN notice costs up to 60 days' back pay and benefits per employee.

Source: US Department of Labor (WARN Act 1988). Checked July 2026.

Hiring in both markets?

Put a full number on each side with the true-cost calculators: True cost of an employee (Canada) and True cost of an employee (US). The complete six-market picture is on the Notice periods by country page.

Sources

Every figure on this page comes from the government source for its market.

MarketSourceRule / effectiveVerified
CanadaOntario ESA guideESA 2000; federal scale from 1 Feb 2024Checked July 2026
United StatesUS Department of LaborWARN Act 1988Checked July 2026
Where Compono fits

Comparing entitlements is the easy half of hiring across markets. The hard half is whether the person you hire in Sydney, Singapore or Seattle will actually work out, and that risk looks the same in every jurisdiction. Compono matches candidates on how they work, not just what the CV claims, so the hires behind these numbers hold up wherever you make them.

See how it works

Common questions

What is the rule on notice period in Canada?

Ontario: 1 to 8 weeks by tenure after 3 months' employment. Common law can add more on top, but it is a judicial assessment, not a formula. Ontario's Employment Standards Act scales written notice (or pay in lieu) at roughly a week per year of service, capping at 8 weeks.

What is the rule on notice period in the US?

None. Employment is at-will; the only federal notice rule is the WARN Act's 60 days for qualifying mass layoffs. No US federal law requires notice for an individual dismissal.

Where can I check the source figures?

The sources section below links the Canada and the US government pages every figure on this page was verified against in July 2026.

This page is general information, not legal advice. We check figures annually and update them on a best-efforts basis, but employment rules change and we cannot promise everything here is current or complete. Before you act on it, confirm the detail with your provincial employment standards office, the US Department of Labor or your own adviser. Last reviewed July 2026.