Canada does not have one universal right to ignore work calls, emails or messages after hours. Your rights depend on where you work, your employment contract, workplace policies and the employment standards that apply to you.
Ontario requires larger employers to have a written policy about disconnecting from work, but that rule does not automatically give every employee the right to stop answering messages at a certain time.
If your employer regularly expects you to work outside your normal hours, don’t focus only on the phrase “right to disconnect.” You can also have rights involving overtime pay, rest periods, accommodation and major changes to your employment.
On This Page:
- 1. What the Right to Disconnect Means
- 2. Calls & Emails After Hours
- 3. Pay & Overtime for After-Hours Work
- 4. Ontario & Provincial Rules
- 5. Federally Regulated Employees
- 6. What to Do About Excessive After-Hours Work
What Is the Right to Disconnect?
The right to disconnect means being able to stop engaging in work-related communication outside working hours.
That can include:
- Not answering work emails
- Not responding to calls or text messages
- Not checking workplace messaging apps
- Not performing other work outside scheduled hours
The idea is simple. When the workday ends, employees should know whether they are expected to remain available.
But the phrase can be misleading. In most of Canada, there is no specific law that gives every employee an automatic right to ignore their employer after a particular time.
Can Your Employer Contact You After Work Hours?
Yes. In most of Canada, there is no general law that prevents an employer from calling, emailing or messaging you after your normal workday.
Whether you are expected to respond is a different question.
Your employer’s expectations can depend on:
- Your employment contract
- Your normal working hours
- Your position and responsibilities
- Whether you are on call
- A workplace right-to-disconnect or after-hours policy
- Employment standards rules where you work
Do you have to answer emails after hours?
Not always—but don’t assume you can ignore them simply because they arrive after your normal workday.
Some jobs legitimately require after-hours availability. Other employees have clearly defined hours and are not normally expected to remain connected once their shift ends.
If you are unsure, check your contract and workplace policy and ask your employer to clarify its expectations in writing.
Can you be disciplined for not answering?
Yes, if after-hours availability is a legitimate requirement of your job and you ignore that requirement without a valid reason.
But discipline is not automatically justified simply because you did not answer one late-night email.
Your normal hours, workplace rules, past expectations and the reason the employer needed you to respond all matter.
If after-hours availability is becoming a new and significant part of your job, put your concerns in writing instead of silently accepting the change or simply refusing to cooperate.
Do You Have to Be Paid for Work You Do After Hours?
Work performed after hours can count as working time and can create pay or overtime rights if you are covered by those rules.
For example, your employer might expect you to:
- Answer customer emails from home
- Prepare reports at night
- Join meetings outside your scheduled hours
- Respond to workplace problems on weekends
- Complete tasks through your phone or laptop after your shift
If that time is work, it should not simply disappear because it happened through a phone or computer outside the workplace.
Whether you qualify for overtime depends on the employment standards rules that apply to you and whether your position is exempt.
Does being salaried mean you must work unlimited hours?
No. Being paid a salary does not automatically mean an employer can require unlimited unpaid work.
Some salaried employees are entitled to overtime. Others are exempt because of the type of work they perform.
Your job duties matter more than simply being called “salaried” or “management.”
Right to Disconnect Laws Across Canada
Right-to-disconnect rules are not the same across Canada.
Ontario’s right-to-disconnect policy
Ontario employers with 25 or more employees on January 1 must have a written policy on disconnecting from work in place before March 1 of that year.
Ontario defines disconnecting from work as not engaging in work-related communications, including emails, phone calls, video calls and messages, so an employee can be free from performing work.
But there is an important limit: Ontario’s law does not itself create a general right to disconnect from work.
The employer decides what its policy says about after-hours communication. A policy can allow certain employees to disconnect completely, require others to remain available in specific situations, or create different rules for different jobs.
That means you should read the actual policy instead of assuming the words “right to disconnect” guarantee a 5 p.m. cutoff.
For more detail, see:
Alberta and British Columbia do not currently have an Ontario-style statutory requirement for employers to maintain a right-to-disconnect policy. Existing rules involving working time, overtime and rest continue to apply.
Do Federally Regulated Employees Have a Right to Disconnect?
Federal right-to-disconnect policy rules have been passed, but they are not yet in force as of August 2026.
The changes to the Canada Labour Code will require federally regulated private-sector employers and federal Crown corporations to create policies dealing with work-related communication outside scheduled hours.
Those policies are expected to address:
- The employer’s general rule for communication outside scheduled hours
- What the employer expects employees to do
- Any opportunity for employees to disconnect
- Exceptions to the rule and why they exist
The federal changes also contain protections against reprisals for employees who ask the employer to follow the policy or exercise rights under it.
However, these provisions still require supporting regulatory work before they take effect. The federal government’s current regulatory plan says employers will have one year after the legislative and regulatory changes come into force to develop their policies.
What If After-Hours Work Is Becoming Excessive?
If your employer is significantly increasing your after-hours workload or availability, raise the problem before resigning or simply refusing the work.
Start by identifying what has changed.
For example:
- Were you previously expected to work 9 to 5 but are now expected to answer messages every night?
- Are you performing unpaid work outside your regular hours?
- Has your employer introduced an on-call requirement that did not previously exist?
- Is the after-hours work interfering with a disability-related or family-status accommodation?
- Are you being disciplined for failing to meet expectations that were never part of your job?
Can excessive after-hours work be constructive dismissal?
A major unilateral change to your hours or availability can amount to constructive dismissal if it fundamentally changes your employment.
A few occasional emails are not the same as suddenly being required to remain available every evening and weekend.
Whether the change crosses the legal line depends on your contract, your previous working arrangement and how significant the new requirement is.
What if after-hours work conflicts with a disability or family obligation?
Your employer’s after-hours expectations do not override its human rights obligations.
If a disability or another protected need prevents you from meeting a particular scheduling or availability requirement, you can request accommodation.
See our guide to the duty to accommodate for more information.
What Should You Do About After-Hours Work?
Clarify the rules, track the work you perform and object in writing if your employer makes a major change you don’t accept.
- Read your employment contract. Check what it says about hours, availability and overtime.
- Read the workplace policy. If your employer has a right-to-disconnect policy, find out exactly what it says.
- Track after-hours work. Keep a record of calls, emails, tasks and the time you spend working.
- Ask for clarification. If expectations are unclear, ask what response is actually required outside your normal hours.
- Object to major changes. If your employer suddenly expects significantly more availability, raise the concern in writing.
- Don’t resign first. Determine whether the change affects your constructive dismissal, accommodation or severance rights.
Right to Disconnect FAQs
Does Canada have a right-to-disconnect law?
There is no single Canada-wide right-to-disconnect law that gives every employee the right to ignore work communications after hours. Ontario requires larger employers to maintain a written disconnecting-from-work policy, and federal policy rules have been enacted but are not yet in force.
Can your boss text you after hours?
Yes. There is no general Canadian rule that prevents an employer from sending you a message after work. Whether you must respond depends on your job, contract, workplace policy and applicable employment standards.
Can you ignore work emails on vacation?
Don’t assume you can ignore them without checking your workplace expectations. If your employer regularly requires you to perform work during vacation or another protected absence, separate employment standards or contractual issues can arise.
Can you be fired for refusing after-hours work?
An employer can discipline or terminate an employee for refusing a legitimate work requirement, but being told you had to answer after hours does not automatically make the employer’s position correct.
If you are terminated, don’t sign a release before having your full severance package reviewed—you may be owed as much as 24 months’ pay.
Get Help With an After-Hours Work Problem
Being reachable by phone does not mean your employer has unlimited control over your personal time.
Samfiru Tumarkin LLP helps non-unionized employees deal with excessive after-hours work, major changes to working hours, unpaid compensation, accommodation problems and improper discipline or termination.
If unreasonable after-hours demands have fundamentally changed your job or led to termination, our employment lawyers can secure the full severance pay and compensation you are legally entitled to receive.