Ontario’s right-to-disconnect law requires employers with 25 or more employees to have a written policy about disconnecting from work, but it does not automatically give employees the right to ignore work emails, calls or messages after hours.
Under Ontario’s Employment Standards Act, “disconnecting from work” means not engaging in work-related communications so that an employee can be free from performing work. Employers that meet the employee threshold must have a written policy addressing that subject.
The biggest misconception is that Ontario created a legal right to switch off at 5 p.m. It did not. Whether you are expected to respond after hours can still depend on your employment contract, job duties, workplace policy and other employment standards such as overtime and hours-of-work rules.
On This Page:
- 1. What the Right to Disconnect Means
- 2. Which Employers Need a Policy
- 3. What the Policy Must Say
- 4. Can Your Employer Contact You After Hours?
- 5. After-Hours Work & Overtime Pay
- 6. What to Do If After-Hours Work Is Excessive
- 7. FAQs
What Is the Right to Disconnect in Ontario?
Ontario’s right-to-disconnect rules require certain employers to maintain a written policy about employees disconnecting from work.
The Employment Standards Act defines “disconnecting from work” as not engaging in work-related communications so that an employee can be free from performing work.
That includes communications such as:
- Work emails
- Telephone calls
- Video calls
- Text messages
- Workplace messaging apps
The requirement was introduced through the Working for Workers Act, 2021 and took effect under Ontario’s Employment Standards Act.
Does Ontario actually give employees a right to disconnect?
Not automatically. The law requires a policy, but it does not require that policy to give employees an unrestricted right to stop responding outside normal working hours.
Which Ontario Employers Need a Right-to-Disconnect Policy?
An Ontario employer with 25 or more employees on January 1 must have a written disconnecting-from-work policy in place before March 1 of that year.
The employer counts individual employees, not full-time equivalents.
The count can include:
- Full-time employees
- Part-time employees
- Casual employees
- Probationary employees
- Employees at multiple Ontario locations
What if the company grows to 25 employees later in the year?
The January 1 headcount controls the requirement for that year. If the employer had fewer than 25 employees on January 1, it generally does not become subject to the policy requirement merely because its workforce grows later that year.
Does the policy apply only to office workers?
No. If the employer is covered and meets the threshold, the policy must be in place for all employees covered by the requirement, even if different roles have different after-hours expectations.
What Must an Ontario Right-to-Disconnect Policy Include?
The policy must address disconnecting from work and include the date it was prepared and the date of any changes.
Ontario does not otherwise prescribe detailed minimum content for the policy.
An employer can choose to address issues such as:
- When employees are expected to stop checking messages
- Which roles require after-hours availability
- What counts as an emergency
- Expectations for weekends and vacations
- Use of out-of-office messages
- Escalation procedures for urgent work
The employer must provide employees with a copy of the policy within 30 days after it is prepared or changed. New employees must also receive the applicable policy within 30 days after starting employment.
Can different employees have different disconnect rules?
Yes. An employer can have different expectations for different positions, provided the written policy applies across the workforce as required.
For example, an on-call IT employee can reasonably have different after-hours expectations from an administrative employee who works a fixed daytime schedule.
Can Your Employer Contact You After Work Hours in Ontario?
Yes. Ontario law does not generally prohibit an employer from calling, emailing or messaging an employee outside normal working hours.
Whether you must respond depends on the circumstances.
Relevant factors can include:
- Your employment contract
- Your normal working hours
- Your position and responsibilities
- Whether you are on call
- The employer’s disconnecting-from-work policy
- Past workplace expectations
Do you have to answer emails after hours?
Not necessarily. Some jobs legitimately require after-hours availability, while other employees have fixed hours and no established obligation to remain connected.
If expectations are unclear, ask your employer to clarify them in writing rather than simply refusing to respond.
Can you be disciplined for not answering your phone?
Yes, if responding is a legitimate requirement of your job and you refuse without a valid reason.
However, one missed late-night message does not automatically justify serious discipline. The circumstances and established expectations matter.
Do You Have to Be Paid for After-Hours Work in Ontario?
Yes, if you perform compensable work after hours, that time can count as working time under Ontario employment standards law.
For example, working time can include time spent:
- Responding to work emails
- Preparing documents from home
- Joining work calls
- Completing assignments after your scheduled day
If those hours push an eligible employee beyond the overtime threshold, overtime pay in Ontario can also be owed.
Does reading one email count as work?
It can. Ontario’s rules generally treat time spent actually performing work as working time, even when the work is done from home.
Whether a very brief or incidental activity creates a meaningful wage claim depends on the facts, but repeated after-hours work should be recorded.
What if your employer says you are salaried?
Being paid a salary does not automatically eliminate overtime rights. Whether you are exempt depends on your actual job and the employment standards rules that apply to it.
What Should You Do If After-Hours Work Becomes Excessive?
If after-hours demands become routine or significantly change your job, document the problem and raise it in writing before making an irreversible decision.
Start by:
- Read the policy. Check what your employer actually says about after-hours availability.
- Review your contract. Look for working hours, overtime and on-call requirements.
- Track your time. Keep a record of work performed outside regular hours.
- Raise concerns in writing. Ask your employer to clarify expectations if the workload has expanded.
- Get advice before resigning. A significant change to hours or availability can potentially raise constructive dismissal issues.
Can excessive after-hours work be constructive dismissal?
Potentially. If an employer substantially changes your hours, availability requirements or other fundamental terms without your agreement, it can amount to constructive dismissal.
Occasional after-hours work will not normally be enough. The change generally needs to be substantial.
What if after-hours work conflicts with a disability or family obligation?
Separate accommodation rights can apply. If a disability or protected family-status need affects your ability to remain available after hours, your employer may have a duty to accommodate to the point of undue hardship.
Can your employer punish you for asking about unpaid overtime?
Ontario employers can’t punish employees for exercising rights protected by the Employment Standards Act. If discipline or termination follows an employment-standards complaint, reprisal issues can arise.
Right to Disconnect Ontario FAQs
Is there a legal right to disconnect in Ontario?
Not in the broad sense many employees assume. Ontario requires certain employers to have a written policy, but the ESA does not itself create a general right to ignore after-hours work.
How many employees trigger the right-to-disconnect policy requirement?
An employer with 25 or more employees on January 1 must have the policy in place before March 1.
Can my boss text me after hours?
Yes. Ontario law does not generally prevent an employer from sending work-related messages after hours.
Can I ignore work emails after 5 p.m.?
Not automatically. Check your job duties, contract and workplace policy before assuming you can refuse to respond.
Does my employer have to give me a copy of the policy?
Yes. Covered employers must provide employees with the policy within the timelines set by the Employment Standards Act.
Does after-hours work count toward overtime?
It can. Actual work performed outside scheduled hours can count as working time and may contribute to overtime for employees who are eligible.
Ontario’s right-to-disconnect law is narrower than its name suggests. The policy requirement does not give employers unlimited control over your personal time, but it also does not create a universal right to ignore work after hours.
Get Help If You Lose Your Job
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with excessive after-hours work, unpaid overtime, major schedule changes, constructive dismissal and termination. Our employment lawyers can secure the full severance pay and compensation you are legally entitled to receive.