Right to disconnect legislation for federal workers: 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 Canadian federal government is the latest to address the issue as more employees work remotely.

Halley Auger, an Alberta employment lawyer and Associate at Samfiru Tumarkin LLP, joined 770 CHQR with Sarah Crosbie to discuss the legislation and employee rights.

Interview Notes

• An announcement by the federal government: Auger commented that the announcement concerning the right to disconnect legislation was not surprising. “I’m, cautiously optimistic but I don’t know 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.” Auger went on to explain that this legislation does not reference provincially regulated employees, who make up the most common employees in Alberta.
• Trickle-down effect on other employees: Auger 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,” Auger stated. Most employees have access to the workplace through their phones, and outside of regular work hours.
• The distinction between work and personal life: Auger 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: Auger 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.” Auger explained that this legislation is not likely to have any enforcement provisions.

Related Resources

For further insights and discussions related to the right to disconnect, explore the following resources:

• Right to disconnect in Ontario