The right to disconnect law in Ontario requires employers with 25 or more employees to have a written policy about disconnecting from work. This law came into effect on December 2, 2021, with employers required to have policies in place by June 2, 2022.
“Disconnecting from work” means not engaging in work-related communications, including emails, calls, video calls, or sending or reviewing other messages, so employees can be free from work obligations outside their regular hours.
The law was introduced through Bill 27, the Working for Workers Act, 2021, recognizing that remote work and digital connectivity had blurred the boundaries between work and personal time.
Who Must Have a Right to Disconnect Policy?
Employers must have a written policy if they employ 25 or more employees on January 1st of any year. This is a point-in-time assessment, meaning:
If you have 25 or more employees on January 1st of any given year, you need a policy by March 1st of that year. If you had fewer than 25 employees on January 1st but grow to 25 later in the year, you don’t need a policy until the following March 1st.
The count includes all employees, not just those in Ontario. If your company has employees across Canada or internationally, all employees count toward the 25-employee threshold.
When Must Employers Implement the Policy?
For 2022, policies were required by June 2, 2022. For all subsequent years, policies must be in place by March 1 if the employer had 25 or more employees on January 1st of that year.
Employers must also provide a copy of the policy to all employees within 30 days of the policy being established and within 30 days of any employee starting work.
What Must the Policy Include?
Here’s where the law becomes surprisingly flexible—and potentially weak. The Employment Standards Act does not specify what the content of the policy must be. Employers determine the policy content entirely on their own.
The law only requires that employers have a written policy about disconnecting from work. It doesn’t mandate:
- Specific disconnection hours
- Restrictions on after-hours communication
- Consequences for violating the policy
- Minimum disconnection periods
This means the policy could theoretically say “employees are expected to respond to all communications within 15 minutes regardless of time” and still technically comply with the law, though such a policy would defeat the law’s purpose.
What a Good Policy Should Address
While the law doesn’t mandate specific content, from a legal perspective, effective right to disconnect policies typically include:
When employees can disconnect: Clear expectations about after-hours communication, such as “employees are not expected to respond to emails between 6pm and 8am” or “weekend communications are for emergencies only.”
What constitutes an emergency: Define situations where after-hours contact is truly necessary versus those that can wait until regular hours.
How urgent matters will be handled: Procedures for genuine emergencies that respect employees’ right to disconnect while addressing critical business needs.
Employee responsibilities: What employees should do if they receive after-hours communications and whether response is expected.
Manager expectations: Guidelines for supervisors about when it’s appropriate to contact employees outside work hours.
Exceptions: Any roles or situations where different rules apply, such as on-call positions or emergency response roles.
What the Law Does NOT Require
The requirement to have a policy does not mean employers cannot email, text, or communicate with employees after regular working hours.
The law doesn’t create an absolute right to ignore work communications. It doesn’t prohibit after-hours contact, mandate response time limits, or create penalties for employers who contact employees outside work hours.
The law is about having a policy, not about enforcing specific disconnection rights. This is the most significant limitation from an employee protection perspective.
Legal Implications for Employees
Limited Direct Enforcement
The right to disconnect law doesn’t create a private right to sue your employer for after-hours contact. There’s no penalty structure for employers who contact you outside your policy’s stated disconnection hours.
If your employer violates their own policy by constantly emailing you at midnight despite a policy saying after-hours communication will be limited, you can’t file an Employment Standards Act complaint specifically for this violation.
Potential Constructive Dismissal Claims
However, from a legal strategy perspective, excessive after-hours communication expectations could contribute to constructive dismissal claims if the demands become so unreasonable that continuing employment becomes impossible.
If your employer’s behavior creates a toxic work environment through constant after-hours demands, you may have grounds to resign and claim constructive dismissal, seeking severance pay as if you were terminated.
Human Rights Considerations
Excessive after-hours demands that interfere with family responsibilities or disability accommodations could support human rights complaints, particularly if they disproportionately affect employees with childcare obligations or health conditions requiring rest.
Workplace Safety Issues
Fatigue from constant connectivity and inability to disconnect can raise workplace safety concerns. If excessive after-hours demands lead to dangerous fatigue levels, this could implicate occupational health and safety legislation.
What to Do If Your Employer Lacks a Policy
Employers with 25 or more employees are legally required to have a written policy. If your employer should have one but doesn’t:
Request the policy in writing: Ask HR or your manager for a copy of the disconnecting from work policy. Document your request.
File an ESA complaint: You can file a complaint with the Ministry of Labour if your employer is required to have a policy but doesn’t.
Document the absence: Keep records showing the employer’s failure to comply, as this demonstrates broader policy non-compliance that could be relevant in future disputes.
What to Do If Your Employer Violates Their Own Policy
While the ESA doesn’t create specific enforcement mechanisms for policy violations, you have several options:
Raise the issue internally: Point out to your manager or HR that communications are occurring outside the policy’s stated guidelines.
Document everything: Keep records of after-hours communications, especially those requiring responses or creating pressure to respond.
Consider it as part of larger issues: If combined with other workplace problems, policy violations demonstrate a pattern of disregarding employee rights.
Seek legal advice: Consult an employment lawyer if excessive after-hours demands are making your job untenable. This could support constructive dismissal or human rights claims.
Practical Guidance for Employees
Understand Your Employer's Policy
Read your employer’s disconnecting from work policy carefully. Know what it says about:
- Expected response times
- After-hours communication protocols
- Emergency definitions
- Your responsibilities
Set Boundaries Professionally
Even with weak legal protections, you can establish professional boundaries:
- Use email scheduling to send messages during work hours
- Set “do not disturb” on your devices after hours
- Discuss workload concerns if after-hours work becomes necessary
- Document when work demands become unreasonable
Know When to Seek Help
If after-hours demands are:
- Affecting your health
- Interfering with family responsibilities
- Making your job unsustainable
- Combined with other workplace issues
Consult an employment lawyer about your options.
What Employers Should Know
Policy Development Best Practices
While the law doesn’t mandate content, creating a meaningful policy protects both employees and employers:
Be realistic: Don’t promise what you can’t deliver. If your business requires some after-hours availability, say so clearly.
Define expectations: Specify when employees should disconnect and when exceptions apply.
Train managers: Ensure supervisors understand and follow the policy.
Review regularly: Update the policy as work practices evolve.
Legal Risk Management
Employers with weak or non-existent policies face risks:
Constructive dismissal claims: Unreasonable after-hours demands can support employee claims for severance.
Human rights complaints: Policies that don’t accommodate family status or disability-related needs create liability.
Recruitment and retention: Good talent increasingly values work-life balance. Poor policies hurt competitiveness.
ESA compliance: Failure to have a required policy creates regulatory exposure.
The Law's Limitations
From a legal standpoint, Ontario’s right to disconnect law is largely symbolic. It requires employers to acknowledge that disconnection matters but doesn’t mandate meaningful protections.
The law’s weakness lies in three key areas:
No mandatory content: Employers can create policies that effectively require constant availability.
No enforcement mechanism: Employees can’t complain about policy violations through ESA channels.
No penalties: There are no fines or consequences for employers who ignore their own policies.
However, the law isn’t completely meaningless. It:
Creates documentation: Policies provide evidence of employer expectations that can support other claims.
Raises awareness: The requirement prompts discussions about work-life balance.
Establishes norms: Over time, policies may shift workplace culture toward respecting boundaries.
Supports related claims: Policy violations can strengthen constructive dismissal, human rights, or workplace safety arguments.
Ontario’s right to disconnect law requires employers with 25+ employees to have a written policy about disconnecting from work, but doesn’t mandate what the policy must say.
The law doesn’t create an enforceable right to ignore work communications or prevent after-hours contact. It’s about having a policy, not enforcing specific protections.
Employers determine their own policy content, meaning policies can range from meaningfully protecting work-life balance to essentially requiring constant availability.
While the law itself is weak, excessive after-hours demands can still support legal claims including constructive dismissal, human rights complaints, or workplace safety issues.
Employees should read their employer’s policy, set professional boundaries where possible, and document unreasonable after-hours demands that make work unsustainable.
If after-hours work expectations are affecting your health, family life, or making your job impossible, consult an employment lawyer about whether you have grounds for legal action beyond the right to disconnect law itself.
