As of December 2, 2021, employers in Ontario with 25 or more employees are required to have a written policy on disconnecting from work. This means that employees should not be expected to engage in work-related communications, such as emails and phone calls, outside of their regular work hours. In this blog post, we will discuss 10 things to consider when writing your disconnecting from work policies in Ontario.
1. Who is Covered by the Requirement?
The requirement to have a written policy on disconnecting from work applies to all employers in Ontario with 25 or more employees. This includes part-time and casual employees, regardless of the number of hours they work. If an employer has multiple locations, all employees at each location must be included in the count. In certain circumstances, two or more employers may be treated as one employer, in which case all employees must be included in the count.
2. How do I Determine the Number of Employees I Have?
To determine the number of employees you have, you must count the number of employees you employ on January 1 of the year in question. This count includes anyone who meets the definition of “employee” under the Employment Standards Act, 2000 (ESA), such as homeworkers and probationary employees. It is the individual number of employees that are counted, and not the number of “full-time equivalents”.
3. What is the Deadline for Having a Written Policy in Place?
Employers that employ 25 or more employees on January 1, 2022 have until June 2, 2022 to have a written policy on disconnecting from work in place. Beginning in 2023, and in the years that follow, employers that employ 25 or more employees on January 1 of any year must have a written policy on disconnecting from work in place before March 1 of that year.
4. What is the Definition of “Disconnecting From Work”?
Under the ESA, “disconnecting from work” means not engaging in work-related communications, such as emails, telephone calls, video calls, or sending or reviewing other messages, to be free from the performance of work. However, the ESA does not require employers to create a new right for employees to disconnect from work and be free from the obligation to engage in work-related communications. Employee rights to not perform work are established through other ESA rules.
5. Do I Have to Create a New Wight for Employees to Disconnect From Work?
No, the ESA does not require employers to create a new right for employees to disconnect from work. Employee rights to not perform work are established through other ESA rules.
6. What Should Be Included in My Written Policy on Disconnecting from Work?
Your written policy on disconnecting from work should include information on how employees can disconnect from work and be free from the obligation to engage in work-related communications outside of their regular work hours. This could include setting clear expectations for when employees should not be expected to respond to work-related communications, as well as providing guidance on how employees can manage their workloads to allow for disconnection from work.
7. How Do I Provide a Copy of the Written Policy to My Employees?
Once you have developed your written policy on disconnecting from work, you are required to provide a copy of the policy to all employees. This can be done electronically or in hard copy.
8. Can I Make Changes to My Written Policy on Disconnecting from Work?
Yes, you can make changes to your written policy on disconnecting from work. However, any changes must be provided to your employees and you must ensure that the policy continues to meet the requirements of the ESA.
9. What Are the Consequences for Not Having a Written Policy on Disconnecting from Work?
If you are an employer in Ontario with 25 or more employees and you do not have a written policy on disconnecting from work in place, you may be in violation of the Employment Standards Act, 2000 (ESA). This could result in penalties or enforcement action by the Ministry of Labour, Training and Skills Development.
10. Can I get help with developing my written policy on disconnecting from work?
Yes, you can get help with developing your written policy on disconnecting from work. OSG can provide resources and guidance on the requirements of the ESA, including the requirement to have a written policy on disconnecting from work. You can also seek advice from legal counsel or consult with employee representatives to develop a policy that meets the needs of your organization.
As an employer in Ontario with 25 or more employees, it is important to have a written policy on disconnecting from work in place. This policy should provide guidance on how employees can disconnect from work and be free from the obligation to engage in work-related communications outside of their regular work hours. By considering the items discussed in this blog post, you can ensure that your written policy on disconnecting from work meets the requirements of the Employment Standards Act, 2000 (ESA) and supports a healthy work-life balance for your employees.
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