Right To Disconnect Ontario: Guide For Employees and Employers

Employees are not always comfortable replying to work emails and messages even after their working hours have ended. With phones and laptops always nearby, the boundary between work and personal time has become blurred. Over time, this constant connectivity can affect both work-life balance and overall well-being.

As these concerns became more common across workplaces in the province, clearer rules were introduced to address after-hours communication and employer expectations.

In Ontario, some employers must have a written Right to Disconnect policy that explains after-hours communication, but it doesn’t stop them from contacting you after work. This guide explains everything employees and employers need to know about the policy.

What is the Right to Disconnect?

The Ontario “Right to Disconnect” policy was introduced by the provincial government on December 2, 2021, under the Employment Standards Act, 2000 (ESA). Under the policy, employees may disconnect from work after working hours.

The purpose is to support employees' well-being. According to ESA (2000), ‘disconnecting from work policy in Ontario means not engaging in official communications, including emails, telephone calls or the sending or reviewing of texts, or any work-related tasks.

However, it’s important to understand this clearly:

• The law requires employers to have a written policy.
• It does not automatically ban after-hours communication.
• It does not create a new legal right to ignore your employer.

The focus is on setting expectations, not eliminating communication entirely.

Understanding the Content Requirements of Ontario’s Policy

Under Ontario law, certain employers are required to have a written Right to Disconnect policy. The legislation does not specify the policy's exact content, giving employers flexibility to determine it.

A policy may state that employees are not expected to respond to work emails or phone calls outside of regular working hours. It can also clarify situations when employees are not required to engage in work-related communication.

However, the policy may include exceptions. For instance, employees might still need to respond after hours in urgent or business-critical situations.

Who Must Have a Right to Disconnect Policy?

In Ontario, employers must have a written policy if they have 25 or more employees on January 1 of any year.

If they meet this number, they must have the policy ready by March 1 of that year. The policy must apply to all employees, including managers. Employers must also provide employees with a copy within 30 days of creating or updating it.

When counting employees, employers must include:

• Full-time staff
• Part-time staff
• Casual workers
• Employees on leave, layoff, or strike (if they are still considered employed)
• Employees across all Ontario locations

Even if the number of employees later drops below 25, the employer must keep the policy in place for the rest of that year.

What Must the Policy Include?

The ESA does not tell employers exactly what the policy must say. However, it must:

• Address disconnecting from work
• Include the date it was created (and updated)
• Apply to all employees
• Be shared with staff within 30 days
• Be kept on record for at least three years after replacement

Because the law doesn’t dictate specific content, policies can vary widely between workplaces.

An Actual Policy May Cover:

When employees can stop checking emails or answering calls after work
This signifies the specific times when working individuals are no longer expected to respond to official communication.

Expectations for urgent situations or client-based roles
Some positions may occasionally require availability outside regular working hours. Employers should clearly define what qualifies as “urgent,” who may be contacted, and the proper protocol to follow in such situations, either directly with the employee or within the written policy.

Guidelines for out-of-office messages or auto-replies
Employees can set automated responses during vacations, leaves, or after-hours periods for the employer’s convenience. The policy can explain how to create these reply messages and how or when they should be used.

Distinctions between departments or roles
Each role has unique demands, so the policy should be according to them. The policy can highlight variations in expectations between teams, such as management, customer-facing staff, or operations, while maintaining fairness and clarity.

Ontario Law and After-Hours Work: What It Doesn’t Change

• It doesn’t ban after-hours contact - The law does not give employees the right to ignore official calls, emails, or messages; employers can reach out any time.
• The policy guides expectations, not entitlements - Although the Right to Disconnect policy states some workplace rules, it does not specify new legal rights.
• Existing employment standards remain - Rules on hours of work, overtime, breaks, vacation, and public holidays continue to apply. The policy does not replace these protections.
• Enforcement is limited - The Ministry of Labour does not penalize employers for vague policies or workplace cultures that encourage after-hours work.
• Effectiveness depends on the employer - How well the policy works in practice relies on the employer’s commitment, not government enforcement.

Why the Ontario Right to Disconnect Matters?

Despite its limits, this law represents an important cultural shift. It acknowledges the modern challenges, which include:

• Remote and hybrid work is blurring home-life boundaries.
• Burnout caused by constant connectivity
• Increased anxiety over being reachable around the clock (24/7)

By encouraging employers to set expectations, Ontario is moving toward healthier, more sustainable work environments.

What Employees Should Know About Policy?

If you are working for a company that has a Right to Disconnect policy, you must:

• Review it carefully to understand the expectations for after-hours communication
• Keep a track of any overtime or extra hours worked outside your normal schedule
• If you’re unsure about anything, you must ask for clarification in writing

If somehow your employer ignores its own policy and wants you to work unpaid hours, you can claim overtime pay or constructive dismissal in Ontario.

What Employers Should Do About Policy?

If you have 25 or more employees in Ontario:

• Do not forget to review your employee count annually, especially on January 1
• Keep in mind to prepare the written policy and circulate it by March 1
• You can train your staff in accordance with your expectations and boundaries
• You can maintain and keep each version of policy at least for three years after it’s replaced
• You can include clearer protections than the ESA requires; it will boost your staff’s morale and increase retention rate

Need Help? Get Expert Guidance on the Right to Disconnect

Ontario’s Right to Disconnect policy isn’t just a legal requirement, it’s a step toward healthier, more balanced workplaces. Clear expectations help employees protect their personal time, reduce stress, and prevent burnout, while giving employers a framework to support staff and ensure compliance.

If you’re unsure about how the policy applies or need help implementing it, Rutman & Rutman Professional Corporation can guide you. With years of employment law experience, we provide practical advice, help draft effective policies, and ensure your rights and obligations are fully understood. Schedule a confidential consultation today for expert guidance.