Return to Office Mandates in Canada: Your Rights and What Employees Should Know

Companies across Canada are bringing staff back into the office — some part-time, others full-time. If your employer directs you to return to the workplace after months or years of remote or hybrid work, you need to know what the law says, what your employer can and can’t require, and when a return-to-office (RTO) mandate may be illegal.

This national guide breaks down your rights, how RTO policies work, and what to do before you agree to changes to your job.

What Is a Return-to-Office Mandate?

A return-to-office mandate is an employer-issued requirement that employees come back to the physical workplace after working from home.

RTO policies in Canada can include:

• Mandatory full-time office attendance
• Hybrid schedules (e.g., 2–4 days per week in-office)
• Department-specific requirements
• Phased-in or rotating attendance

Most employers are adopting a hybrid approach — but the shift back to the workplace still has legal consequences.

Why Are Companies Pushing a Return to Office?

There are several common reasons employers are calling staff back:

• Collaboration and oversight: Some companies believe productivity or communication improves in person.
• Office lease commitments: Many organizations have multi-year leases.
• Corporate culture goals: Employers may want more face-to-face interaction.
• Leadership preference: Often the simplest explanation — executives prefer in-office work.

But none of these reasons override your legal rights.

Do Employers Have the Right to Force a Return to Office?

It depends on your employment contract and your established work arrangement.

Your Employer Can Require a Return to Office If:

• Your employment contract specifies an in-office work location, or
• Your contract gives the employer clear power to change your work location, or
• Your employer allowed you to work from home temporarily without turning it into a long-term, consistent arrangement

Your Employer Can’t Automatically Force a Return to Office If:

• Your contract is silent about returning to a physical office
• You’ve been working remotely for a long period and it became a core term of your job
• You moved farther away during remote work
• Returning to the office creates health or family-related accommodation issues

When Is a Return-to-Office Mandate a Constructive Dismissal?

A return-to-office policy can trigger constructive dismissal if it represents a significant and unwanted change to a key term of your employment.

Common examples include:

• Mandatory full-time office attendance after years of remote work
• Imposing a long commute you never agreed to
• Changes that affect childcare or family obligations
• Reducing your hybrid days
• Threats of discipline or firing if you refuse

Can You Be Fired for Not Returning to the Office?

You can be terminated without cause, but you must receive proper severance pay.

Employees are rarely fired “for cause” for refusing RTO unless:

• The employer had a clear, enforceable contractual right to require it, and
• The employee engaged in repeated, serious misconduct

Even then, “for cause” is extremely hard for employers to prove.

What Are Your Rights if You Have Family or Medical Issues?

Employees in Canada have the right to accommodation for:

• Family status (childcare or eldercare obligations)
• Disabilities
• Medical limitations that affect the ability to commute

Accommodation can include:

• Modified schedules
• Work-from-home arrangements
• Adjusted duties
• A hybrid schedule

You must provide appropriate medical documentation if you require a disability-related accommodation.

What If Your Employer Says the Remote Arrangement Was Only Temporary?

Courts look at the reality of the work relationship, not just employer intentions.

If you worked remotely for:

• Many months or years, and
• Without objection from your employer

…then remote work may have become a term of your job, even without a written contract.

Can Employers Change a Hybrid Schedule to Full-Time Office Work?

Sometimes — but not always.

Changing a hybrid schedule to a full in-office requirement may be a substantial change, especially if:

• You accepted your job on the condition it was hybrid
• Your contract references hybrid or remote work
• The change creates financial or family hardship

Every situation is fact-specific, but hybrid-to-office changes are one of the most common sources of constructive dismissal claims in Canada today.

What to Do if You’re Told to Return to the Office

Before making any decisions:

1. Don’t Quit

Resigning can eliminate your right to severance.

2. Don’t Refuse Outright

A flat refusal may give your employer ammunition.

3. Get a Review of Your Employment Contract

Many employees discover that their employer does not have the right to make the change.

4. Document Everything

Keep copies of emails and any new requirements.

5. Speak with an Employment Lawyer Before Responding

You may have strong severance or accommodation rights your employer isn’t telling you about.

Examples of How Return-to-Office Decisions Can Affect Severance

Employees may be owed substantial severance pay in Canada if:

• They’re fired for not complying
• They resign because the change is too severe
• The RTO mandate amounts to constructive dismissal

Severance can range from a few months to 24 months or more depending on age, role, and years of service.

Frequently Asked Questions

Why Are Companies Mandating Return to Office?

Common reasons include productivity concerns, collaboration goals, executive preference, and unused office leases.

Is Remote Work Guaranteed in Canada?

No — remote work is a contractual or policy-based arrangement, not a right.
But once it becomes an established condition of employment, your employer can’t remove it without consequences.

Can I Negotiate a Hybrid Schedule?

Yes.
Employees successfully negotiate hybrid models all the time — especially when RTO policies are implemented quickly or without flexibility.

Speak With an Employment Lawyer About Return to Office Rights in Canada

If your employer is changing your work location, threatening discipline, or insisting on a return-to-office plan you didn’t agree to, you may have important legal options — including severance pay or accommodation rights.

A brief consultation with the employment lawyers at Samfiru Tumarkin LLP in Ontario, Alberta, and BC can help you understand your next steps before you respond to your employer.