Right to disconnect legislation for federal employees: Alex Lucifero on Newstalk 580 CFRA

Interview Summary

As part of its new budget, the federal government has announced a “right to disconnect” legislation for federally regulated employees. The proposed legislation attempts to help employees deal with stress and burnout. Much like the provincial right to disconnect legislation, however, there are questions regarding the enforcement of this proposal and its impact on work practices. What are employers obligated to implement in the workplace?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined Newstalk 580 CFRA’s Ottawa at Work with Kristy Cameron to discuss the legislation and its potential impact on employees.

Interview Notes

• Federal government’s decision: Lucifero stated he was not surprised at the federal government’s choice to implement this new legislation. “They appear to be piggy-backing on the theory and legislation that passed in Ontario in 2022,” Lucifero explained that this legislation applies to all federally regulated employers, such as banks and transportation companies.
• Pros and cons of legislation: “I think that this is a necessary step in the right direction,” Lucifero commented. “It is the reality for many employees that you are going to have access to emails or instant messaging in your pocket or on your laptop even after hours.” Lucifero discussed the importance of safeguarding an employee’s private and free time.
• Implementing the legislation: Lucifero believed this legislation, much like the Ontario legislation, does not mention the means employers will have to take to implement a right to disconnect. “It is very difficult to enforce these kinds of policies because ultimately what can an employee do?” Lucifero questioned.
• Different regulations depending on the industry: “Regardless of your profession or industry there should be some degree of disconnection,” Lucifero stated. “If you’re a tech employee and you’re called after hours, that is one example of a lack of a right to disconnect,” Lucifero stated that there is the possibility of offering more vacation time to those who cannot disconnect from the workplace.
• Other means to enforce disconnect: Lucifero believes that this is a dilemma and stated, “It begs the question as to how much do you want the government interfering in the relationship between an employer and employee.” In Ontario, employers were required to have a policy to disconnect however, there were no specifics regarding what an employer’s policy stated.

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Overtime pay in Ontario
• Ontario employment lawyer discusses ‘right to disconnect’ with CFRA