Right to Disconnect Ontario | What Employees and Employers Need to Know

In Ontario, the Right to Disconnect law gives employees more control over their work-life balance — but it’s often misunderstood. While the law requires certain employers to have a written “disconnecting from work” policy, it doesn’t automatically stop after-hours emails or calls.

This guide explains what the Right to Disconnect means, who it applies to, and how it affects your rights as an employee or employer under the Employment Standards Act (ESA).

What Is the Right to Disconnect in Ontario?

The Right to Disconnect became law on December 2, 2021, through Bill 27, the Working for Workers Act, 2021.

It added new sections to the ESA requiring certain employers to have a written policy about employees “not engaging in work-related communications — including emails, calls, video meetings, or messages — so they can be free from performing work.”

In simple terms, the law recognizes that workers need time to unplug and focus on personal life without pressure to be “always on.”

Who Must Have a Right to Disconnect Policy?

Only employers with 25 or more employees in Ontario on January 1 of any calendar year must have a written policy in place by March 1 of that year.

That includes:

• Full-time, part-time, and casual employees
• Employees on leave, strike, or layoff (if the employment relationship continues)
• Staff across all Ontario locations combined

If a company dips below 25 employees after March 1, it still must keep the policy in place until the next January 1 review.

What Does the Policy Have to Include?

The ESA requires the policy to:

• Be about disconnecting from work, as defined by the Act
• Include the date it was prepared (and updated)
• Apply to all employees, including management
• Be shared with staff within 30 days of preparation or updates

However — and this is key — the law doesn’t dictate the policy’s content.

Employers decide what disconnecting looks like in their workplace.

A Typical Policy May Cover:

• When employees can stop checking emails or answering calls after work
• Expectations for urgent situations or client-based roles
• Guidelines for out-of-office messages or auto-replie
• Distinctions between departments or roles

What the Law Doesn’t Do

Many assume this law bans employers from contacting staff after hours — it doesn’t.

• The ESA does not create a new right to refuse after-hours communication.
• Employees’ existing rights (e.g., hours of work, overtime, breaks, vacation, public holidays) continue to apply.
• Enforcement is limited — there’s no penalty if a company’s policy is vague or if an employee feels pressured to stay online

Why the Right to Disconnect Matters

Despite its limits, the law is an important cultural shift. It acknowledges modern challenges like:

• Remote and hybrid work blurring home-life boundaries
• Burnout caused by constant connectivity
• Increased anxiety over being reachable 24/7

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

Penalties and Enforcement

Currently, there are no specific penalties for failing to comply with the content of a disconnect policy — only for not having one if the 25-employee threshold is met.

If a policy gives employees a greater right or benefit than the ESA (for example, explicitly stating that staff can’t be required to answer emails after hours), it may be enforceable under the ESA or contract law.

Right to Disconnect Exemptions in Ontario

The rule applies to most ESA-covered employers, but excludes:

• The Crown and Crown agencies
• Certain authorities, boards, or commissions appointed by the Crown

What Employees Should Know

If you work for a company with a Right to Disconnect policy:

• Review it carefully to understand expectations for after-hours communication.
• Keep track of any overtime or extra hours worked outside your normal schedule.
• If you’re unsure, ask for clarification in writing — policies vary widely by employer

If your employer ignores its own policy and requires you to work unpaid hours, you may have a claim for overtime pay or constructive dismissal in Ontario.

What Employers Should Do

To stay compliant and avoid complaints:

• Review your employee count annually (as of January 1)
• Prepare and circulate the written policy by March 1
• Train staff on expectations and boundaries
• Keep each version of the policy for three years after it’s replaced
• Consider including clearer protections than the ESA requires — it can boost morale and retention.

Key Takeaways

• Employers with 25+ Ontario employees must have a written disconnect policy.
• The policy’s content is flexible — employers decide what “disconnecting” means.
• There’s no automatic right to ignore after-hours work communications.
• Employees still have protections under existing ESA rules (overtime, rest periods, etc.).
• Clearer policies help reduce burnout and boost workplace wellbeing.

Speak to an Employment Lawyer About the Right to Disconnect

If you believe you’re being penalized for setting boundaries around your right to disconnect in Ontario, our team can help.

Samfiru Tumarkin LLP is one of Canada’s most trusted employment law firms, with offices in Toronto and Ottawa.

Our team has:

• 👥 Successfully represented 50,000+ Canadians
• 💰 Secured millions in severance payouts
• ⚖️ Settled over 99% of cases out of court
• 📱 Free Termination Consultations — in some, but not all, cases
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Call 1-855-821-5900 or request a consultation online.