Add Comment Question: I have a unionized employee that works variable hours due to family commitments, and 3 days a week works 6 hour days(technically only 5.5 hours as he uses his 2 - 15 minute breaks to come in late and leave early). He has also asked not to take a lunch in order to get paid for a full 6 hour day due to financial struggles). Can I legally accommodate this request? Answer: Thank you for your question. Ordinarily, according to the Ontario Employment Standards Act (the "ESA"), employees must be afforded a half hour break (what's called an "eating period") after every five hours of work. That said, you should speak to the Union about the employee's request. If the employee agrees, and it is permissible under the collective agreement and the ESA, a solution can be found. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.