Remote Work in Ontario: Rights, Policies, and What Employees Need to Know

Remote work became the norm for many employees in Ontario during the pandemic — and it continues to play a major role in how people work today. Whether your employer allows you to work from home occasionally, offers a hybrid schedule, or requires you to be fully remote, Ontario law sets rules around what employers can and can’t change about your work arrangement.

This guide explains remote work policies, your legal rights, and what to do if your employer tries to change your work location.

What Is Remote Work?

Remote work means performing your job duties from a location outside the employer’s physical workplace — usually from home.

In Ontario, remote work can be:

• Full-time work from home
• A hybrid schedule (some days at home, some in-office)
• An arrangement based on medical or family needs
• A temporary or permanent workplace change

The law doesn’t treat remote work as a separate category of employment. Your rights remain the same whether you work at home or in the office.

Is Remote Work Guaranteed in Ontario?

No.
Ontario law does not give employees an automatic right to work remotely.

Remote work depends on:

• Your employment contract
• Written workplace policies
• Past work arrangements that became established terms of your job
• Accommodation needs related to disability or family status

If your employer offered remote work for years without stating it was temporary, it may have become a key term of your employment.

When Does a Remote Work Arrangement Become a Term of Employment?

The longer you work remotely with your employer’s approval, the more likely it becomes an essential part of your job.

It may be considered a binding term if:

• You worked remotely for a long, uninterrupted period
• Your employer never clarified that the arrangement was temporary
• Your job duties can be fully performed from home
• You accepted the role based on remote or hybrid expectations

If remote work becomes ingrained in your role, your employer can’t remove it without legal consequences.

Can Your Employer Change Your Remote Work Arrangement?

Sometimes — but only within limits.

Your employer can change your arrangement if:

• Your contract clearly states that your work location may change
• Remote work was short-term, occasional, or explicitly temporary

Your employer can’t make location changes if:

• Remote work became a consistent term of your job
• You were hired specifically for a remote or hybrid role
• The change creates serious hardship affecting childcare or eldercare
• The change impacts a disability-related limitation

What Is a Remote Work Policy in Ontario?

A remote work policy sets the rules for how remote or hybrid work operates in a workplace.

Policies often address:

• Work location expectations
• Hybrid schedules
• Communication requirements
• Security and privacy rules
• Performance expectations
• Equipment, expenses, and technology
• Procedures for changing remote arrangements

Does Ontario Require Remote Work Policies?

Ontario does not require employers to create a remote work policy.

However, under the Ontario Employment Standards Act (ESA):

• Remote employees are covered by the same rights as in-office staff
• Employers must include remote or hybrid employees in Electronic Monitoring Policies if required
• Employers must track hours and provide ESA protections (overtime, breaks, vacation, etc.)

Remote work does not reduce your ESA protections.

Can Your Employer Order You Back to the Office in Ontario?

Not automatically.

Your employer must have:

• Clear contractual authority, or
• A remote arrangement that was truly temporary

A forced return to office may be illegal if:

• Your contract doesn’t support the change
• Remote work has become an essential job term
• The change causes major disruption to your life
• You request accommodation and it’s ignored

Employers who impose major changes without consent risk triggering constructive dismissal.

What If You Moved Away During Remote Work?

Many Ontario employees relocated during COVID-19 or long-term remote work.

If your employer:

• Approved the move, or
• Did not object for a long period

…then requiring you to return to a specific worksite may be unreasonable — and may give rise to severance pay.

Do You Have Accommodation Rights for Remote Work?

Yes.

Ontario’s Human Rights Code requires employers to consider accommodation based on:

• Disability
• Family status (childcare or eldercare)
• Pregnancy
• Religious obligations

Accommodation may include:

• Continued remote work
• Modified hybrid schedules
• Adjusted hours
• Gradual transitions

Employees must provide supporting documentation when necessary (e.g., medical notes).

Can You Be Fired for Wanting to Work Remotely?

You can be terminated without cause, but the employer must provide full severance.
In Ontario, severance can be as much as 24 months or more, depending on your age, position, and years of service.

Most employees are owed far more than the minimum ESA amount.

You can’t be fired for cause simply for refusing a major job change.

What to Do If Your Employer Changes Your Remote Work Arrangement

Before responding:

1. Don’t Quit

Quitting can eliminate your right to severance.

2. Don’t Outright Refuse the Change

A calm, documented response protects your position.

3. Review your contract carefully

Many employees discover their employer can’t impose the change.

4. Gather evidence of your remote history

Emails, approval messages, and past policy documents matter.

5. Speak with an employment lawyer before agreeing

You may have strong rights your employer didn’t tell you about.

Frequently Asked Questions

Is my employer required to reimburse home office costs?

Not under the ESA, unless your contract or policy says so.

Does remote work affect overtime rights?

No. Overtime rules apply the same way regardless of location.

Can I negotiate a hybrid schedule?

Yes. Many employers agree to hybrid arrangements when approached early.

Can remote work affect promotions?

It shouldn’t — but if it does, there may be discrimination concerns.

Speak to an Ontario Employment Lawyer About Remote Work Changes

If your employer changes your remote arrangement, demands a return to the office, or refuses to accommodate medical or family needs, you may have important legal options — including severance pay or accommodation rights.

A quick 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.