What Rights Do Employees Have Regarding Rights to Disconnect from Work?

Christian Jannetta

ANNOUNCER: I’m with Christian Jannetta from Cohen Highley Lawyers. What rights do employees have regarding rights to disconnect from work? 

CHRISTIAN: Recent amendments to Ontario’s Employment Standards act have introduced a requirement that by June 2 of this year (2022), employers with 25 or more employees must have a policy in place regarding their employees right to disconnect from work outside of regular working hours.

ANNOUNCER: What should be included?

CHRISTIAN: Although it’s clear that the policy should address things such as replying to emails, taking telephone or video calls and reviewing mess, the province hasn’t yet provided guidance on what it must contain. This may change before the deadline, but employers must have a policy in place regardless.

ANNOUNCER: What should it say?

CHRISTIAN: It depends on the nature of the business. There’s no standard approach that will suit all employers. Businesses should consider their needs and the needs of their employees, and should consider consulting with an employment lawyer to craft a policy specific to their organization.

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