Don’t Call (Or Email) Me, Maybe? Ontario Passes Legislation on Disconnecting from Work

With the surge of remote work during the pandemic, employees have become more accessible to their employers beyond the traditional workday. While many enjoy the flexibility of remote work, some are concerned that work life balance has been compromised.

The Ontario government has recently passed Bill 27 Working for Workers Act, 2021,  which received Royal Assent on December 2, 2021. Among other things, this legislation will amend the Employment Standards Act, 2000 (“ESA”) to require employers with 25 or more employees to implement a policy with respect to disconnecting from work. The term “disconnecting from work” is defined 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.

Notably, this bill does not provide specific guidelines on when an employee is entitled to disconnect. Rather, it simply obligates an employer to communicate as to when employees are expected to work.  Having said that, a policy on disconnecting from work must comply with the limits on hours of work that are already set out in the ESA.  Specifically, in Ontario, employees are not to work more than 8 hours in a day or 48 in a week without a written agreement to work in excess of these limits.  Most employees are also entitled to at least 11 consecutive hours free from work each day, and 24 consecutive hours free from work each week. 

Ontario employers with more than 25 employees as of January 1, 2022 have until June 2, 2022 to implement a policy on disconnecting from work. 

Goulart Workplace Lawyers is experienced in drafting workplace policies for our clients and we would be happy to support you with your policy on disconnecting from work. Our next Webinar will most certainly focus on this subject.