The modern workplace looks nothing like it did a decade ago. With remote work, hybrid schedules, and a steady stream of notifications on phones and laptops, the boundary between “on the clock” and “off the clock” is thinner than ever.
Recognizing this shift, Ontario introduced the “Right to Disconnect” policy requirement under the Employment Standards Act (ESA).
But what does this actually mean for employers?
This is a common misconception: the law does not ban after-hours emails, nor does it require an employer to shut down operations at 5:00 p.m. sharp. Instead, it’s about setting expectations and providing clarity. Employers need to define when and under what circumstances employees are expected to respond to electronic communication outside of regular working hours.
This can help employers reduce burnout, retain talent, and create a stronger workplace culture.
What Is the Right to Disconnect in Ontario?
Since June 2, 2022, Ontario employers with 25 or more employees must have a written Right to Disconnect policy.
The law doesn’t prescribe exact rules. Instead, it requires employers to explain their approach to after-hours communication. For example, a policy might:
- Clarify that employees aren’t expected to respond to emails or texts once their shift is over.
- Outline specific situations where after-hours contact may be necessary (e.g., client emergencies, safety concerns, critical business needs).
- Reiterate ESA requirements around rest periods and maximum hours of work.
In other words, the policy sets the ground rules and prevents misunderstandings.
Why It Matters for Employers
At first glance, this may feel like another administrative box to check. But in practice, the Right to Disconnect requirement can shape how a workplace functions.
1. Legal Compliance
A missing or non-compliant policy can lead to Ministry of Labour scrutiny or ESA complaints.
2. Employee Well-Being
Workplace stress and burnout are real concerns. A thoughtful policy signals that an employer respects their employees’ time, which can improve morale, reduce turnover, and strengthen retention.
3. Clear Boundaries
Nothing sours workplace culture faster than unclear expectations. A good policy helps prevent disputes by making it clear when employees are and aren’t required to be available.
What Should Employers Include?
There’s no universal template. However, business realities should drive an employer’s approach. That said, an effective Ontario Right to Disconnect policy often includes:
- Purpose: Complying with the ESA and promoting work-life balance.
- Scope: Clarifying who the policy covers (all employees, managers, remote staff).
- Expectations: Outlining when after-hours responses are — or are not — required.
- Urgent Issues: Explaining how critical matters will be handled (e.g., a phone call for emergencies).
- ESA Compliance: Acknowledging rest and work-hour limits under the ESA.
Common Employer Pitfalls
- Using a one-size-fits-all template that doesn’t reflect business needs.
- Failing to communicate the policy in plain language to employees.
- Not training managers, who may continue late-night communication habits.
- Neglecting annual reviews, despite the ESA requiring updates as the workforce changes.
Practical Tips for Implementation
- Audit current practices: Are managers regularly sending emails late at night? That culture may need addressing beyond a written policy.
- Set realistic expectations: Be upfront if some after-hours contact is occasionally necessary.
- Lead from the top: Train managers to model the policy. If leaders ignore it, employees will too.
- Document and circulate: Provide the policy to staff, keep records, and maintain compliance with ESA requirements.
Ontario’s Right to Disconnect policy is not about restricting business operations. It is about clarity and balance. Employers who treat it as an opportunity, rather than a burden, can strengthen workplace culture, reduce burnout, and avoid compliance issues.
For Ontario employers, the takeaway is simple: do not draft a policy to check a box. Make it meaningful, tailored to the business operations, and communicated clearly to the team.
If you are an employer and you need help creating or reviewing a Right to Disconnect policy that protects your business while supporting your employees, our team can guide you through the process. Contact our team today to ensure your policies are both compliant and effective.
