Right to Disconnect for Federal Workers in Alberta: Employment Lawyer on CHQR

Interview Summary

The federal government recently announced a new budget and it contained legislation about the rights of federally regulated employees.

While some provincial governments have already implemented right-to-disconnect legislation, the Government of Canada is the latest to address the issue amid a rise in remote work.

Samfiru Tumarkin LLP joined 770 CHQR’s Sarah Crosbie to discuss the legislation and employee rights.

Interview Notes

• An announcement by the federal government: The firm commented that the announcement — unsure “how much it’s going to do for the average Canadian.”
• Distinction of federal employees not provincial: “It’s important to recognize that the rules will apply to federally regulated employees who are located in Alberta and elsewhere in Canada.” The firm explained that this legislation does not reference provincially regulated employees, who make up the most common employees in Alberta.
• Trickle-down effect on other employees: The firm explained that this regulation was already applied to provincially regulated employees in Ontario: “There’s the potential this will apply for provincially regulated employees in Alberta and other provinces in the coming years.”
• Concerns expressed by employees: “In the past few years we’ve seen a significant increase in employees reporting burnout that is rising to the level of mental health issues,” the firm said. Most employees have access to the workplace through their phones, and outside of regular work hours.
• The distinction between work and personal life: The firm commented on the importance of employees taking vacation time to combat stress: “Employers want employees to take the vacation time that is provided. People do need to disconnect and decompress.”
• Policies put in place by employers: The firm cautioned that this legislation only acknowledges that an employee has a right to disconnect, and not that this will lead to employers necessarily enforcing this policy: “The legislation is only going to go as far as requiring employers to have policies in place. What those policies say is left up to the employer.”
• Inclusions in policies: “The employer is going to have to figure out ‘do we want you not on Microsoft Teams,’ what does that mean? That’s going to be left up to the employer.” The firm explained that this legislation is not likely to have any enforcement provisions.

Related Resources

• Right to Disconnect in Ontario