Right to disconnect in Ontario: what the written policy does

Ontario's “right to disconnect” rule is a requirement for a written policy, not a stand-alone right to ignore after-hours messages. Under Part VII.0.1 of the Employment Standards Act, 2000 (ESA), an employer that employs 25 or more employees in Ontario on January 1 must have a written policy on disconnecting from work in place before March 1 of that year, and must give employees a copy. What the policy says is mostly up to the employer. This is general information, not advice on your situation.

Who needs a disconnecting-from-work policy

The ESA defines disconnecting from work as not engaging in work-related communications, including emails, telephone calls, video calls or sending or reviewing other messages, so as to be free from the performance of work. The ministry's guide explains how the 25-employee count works:

• The count is taken on January 1. Part-time and casual employees each count as one.
• All of the employer's locations in Ontario are added together, so three shops with 12 employees each are counted as 36.
• If the count drops later in the year, the policy is still required until the next January 1 count.
• The requirement does not apply to the Crown, Crown agencies and some public bodies. If your employer is in a federally regulated industry, the ministry says its ESA claim form is not for you; see is my workplace federally or provincially regulated?

The employer must give each employee a copy within 30 days of preparing or changing the policy, and new employees within 30 days of being hired. The policy must show the date it was prepared and the date of any changes.

What the policy has to say, and what it doesn't

Apart from those dates, the ESA does not set the content. The ministry gives examples of what a policy may address: whether you are expected to read or reply to emails or answer calls after your shift, different expectations depending on the time of day, the subject or who is contacting you, and out-of-office or voicemail messages.

The guide is clear that the ESA does not require the policy to give employees a right to disconnect. If a policy does promise more than the ESA, that promise may amount to a “greater right or benefit” that is enforceable under the ESA. If not, an employment standards officer cannot enforce what the policy says.

After-hours email can still be working time

Other ESA rules keep applying. The ministry says that if you perform work, such as reviewing or drafting emails, that time is generally working time, even if you do it from home after your shift and even if the policy says not to. This matters because:

• for most employees, overtime starts after 44 hours in a work week and is paid at one and a half times the regular rate, although some jobs, including managers and supervisors, are exempt or have special rules;
• most employees must get at least 11 consecutive hours off work each day;
• an employee who is on call away from the workplace is not considered to be working unless they are called in to work.

What to note: a fictional example

This example is made up. Dana is a coordinator at a Toronto logistics company with about 60 employees.

The notes record times and tasks, not conclusions about pay. Whether any of it is owed as overtime depends on Dana's job and the ESA rules that apply to it.

If you think the ESA isn't being followed

1. Ask for the policy and save the copy with the date you received it.
2. Keep a log of after-hours contact: the date, time, channel, sender, what was asked and how long any work took.
3. Raise it in writing if you want to, and keep a copy. The ESA prohibits penalizing or threatening an employee for asking the employer to comply with the Act or asking about their rights under it (s. 74).
4. Check the time limit. The ministry says you generally must file an ESA claim within two years of the alleged violation, and wages must have been owed within the two years before the claim for them to be recoverable under the ESA.

The Employment Standards Information Centre can help identify issues before you file. If the after-hours messages are demeaning or threatening, they may also be a harassment matter; see how to document workplace harassment in Canada and workplace harassment investigation in Ontario. Our incident log template has blank fields you can use.

Kirokune keeps notes and photos, such as a screenshot of a late-night message or the policy you received, in one private case on your iPhone, in date order. You can set when something happened separately from when you saved it. Kirokune doesn't calculate pay or decide whether the ESA was followed.

Frequently asked questions

Does Ontario have a right to disconnect law?

Ontario requires employers with 25 or more employees on January 1 to have a written policy on disconnecting from work and to give employees a copy. The ministry's guide says the ESA does not require that policy to create a new right to disconnect; the content is largely up to the employer.

Can my employer email me after hours in Ontario?

The disconnecting-from-work rules don't, on their own, stop after-hours messages. Your employer's policy may set expectations about replying. Separately, if you do work after your shift, such as reviewing or drafting emails, the ministry says that time is generally working time under the ESA.

Is answering work emails at home paid time in Ontario?

Generally, yes: the ministry treats reviewing or drafting emails after your shift as working time. For most employees overtime starts after 44 hours in a work week, but some jobs, including managers and supervisors, are exempt or have special rules. Keep a note of the time you spend.

What if my employer doesn't follow its own disconnect policy?

Unless the policy gives a greater right or benefit than the ESA, an employment standards officer cannot enforce what it says. Other ESA rules, such as hours of work, rest periods and overtime, still apply. You can contact the Employment Standards Information Centre; claims generally must be filed within two years.

Does a small employer in Ontario need a disconnecting-from-work policy?

Only if it employs 25 or more employees in Ontario on January 1 of the year. Every employee counts as one, including part-time and casual staff, and all Ontario locations are added together. An employer that reaches 25 later in the year doesn't need one until the next January 1 count.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.