Ontario’s right to disconnect law requires certain employers to have a written policy on disconnecting from work. Introduced through amendments to the Employment Standards Act, 2000 in 2021, the legislation was intended to address concerns about work-life balance, employee burnout, and the growing expectation that employees remain available outside normal working hours.
With smartphones, email, text messaging, and remote work becoming increasingly common in many workplaces, the line between work time and personal time has become increasingly blurred. On December 2, 2021, Ontario became the first Canadian jurisdiction to require certain employers to have a written policy on disconnecting from work through the Working for Workers Act, 2021.
However, many employees are surprised to learn that Ontario’s right to disconnect law does not automatically give them the right to ignore work-related emails, phone calls, or messages after work. Instead, the legislation primarily requires certain employers to establish and distribute a written policy outlining expectations regarding after-hours work-related communications.
What Does “Disconnecting from Work” Mean?
The Employment Standards Act, 2000 defines “disconnecting from work” as “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.”
This definition is intentionally broad. It includes common forms of workplace communication, but is not limited to them.
Which Employers Must Have a Right to Disconnect Policy?
Employers with 25 or more employees on January 1 of a given year are required to have a written disconnecting-from-work policy in place by March 1 of that year, according to Ontario’s Employment Standards Act guide.
The employee count is determined as of January 1. If an employer has fewer than 25 employees on January 1, the requirement does not apply for that year, even if additional employees are hired later. Conversely, if an employer has 25 or more employees on January 1, the requirement continues to apply for the remainder of that year even if staffing levels decrease.
Employers covered by the legislation must also provide a copy of the written policy to employees.
Does Ontario’s Right to Disconnect Law Allow Employees to Ignore After-Hours Emails?
Not necessarily.
One of the most common misconceptions about Ontario’s right to disconnect law is that it gives employees a legal right to ignore all work-related communications after hours. However, the legislation does not create a standalone right for employees to refuse all after-hours communication.
According to Ontario’s Employment Standards Act guide, the law requires employers to have a written policy on disconnecting from work, but it does not require employers to create a new right for employees to be free from the obligation to engage in work-related communications.
As a result, whether an employee is expected to respond to emails, calls, texts, or messages outside regular working hours may depend on the employer’s policy, the employee’s role, workplace practices, and the circumstances involved.
What a Right to Disconnect Policy Might Include
The legislation requires employers to have a policy, but does not prescribe exactly what that policy must say.
A disconnecting-from-work policy may address:
- whether employees are expected to monitor emails outside working hours;
- when employees are expected to respond to phone calls or messages;
- whether managers may contact employees after hours;
- exceptions for emergencies or urgent client matters;
- recording and reporting after-hours work; and
- expectations for remote and hybrid workers.
Because every workplace is different, there is no one-size-fits-all approach. Employers generally retain significant discretion regarding the contents of their policy.
Do Employees Have to Be Paid for After-Hours Work?
Employees should generally be paid for work they perform. If an employee is expected to answer emails, participate in calls, attend meetings, or perform other work-related tasks outside regular working hours, issues relating to wages, overtime pay, and hours of work may arise.
Whether time spent responding to after-hours communications is compensable will depend on the specific circumstances, including the nature of the work, the employee’s role, and any applicable exemptions under Ontario employment standards legislation.
Federal Right to Disconnect Developments
Since Ontario introduced its disconnecting-from-work legislation, the federal government has announced amendments to the Canada Labour Code requiring federally regulated employers to establish written policies regarding disconnecting from work-related communications.
These changes apply to federally regulated industries such as banking, telecommunications, airlines, railways, shipping, and certain Crown corporations. Employees working in federally regulated workplaces may therefore be subject to different rules than employees covered by Ontario’s Employment Standards Act.
For more information, see our article on Right to Disconnect Canada.
The Right to Disconnect is a Positive Step
Although Ontario’s legislation does not create a broad right to refuse all after-hours communications, it recognizes the realities of modern workplaces and the challenges created by constant connectivity.
By requiring covered employers to consider and communicate expectations regarding after-hours communications, the legislation encourages greater transparency and may help employees better understand their workplace rights and obligations.
Speak With an Employment Lawyer
If you are expected to respond to work-related communications outside your scheduled hours, are not being paid for work performed after hours, or have questions about your workplace rights, you may wish to speak with an employment lawyer.
Monkhouse Law is a Toronto employment law firm focused on employee rights. We offer a free 30-minute phone consultation.