Subscribe to our newsletters
Right to Disconnect in Ontario: What Employers and Employees Need to Know
Ontario's right to disconnect law sounds more powerful than it is. If you were hoping it means you can ignore after-hours messages without consequence, the reality is more nuanced. What the law actually does is require employers above a certain size to have a written policy about disconnecting from work. Whether that policy actually protects you depends entirely on what it says and many employees have never seen theirs.
Introduced under the Working for Workers Act, 2021, the law amended the Employment Standards Act, 2000 to address burnout and after-hours availability. The policy must exist, you are entitled to a copy, and your employer must follow it. But the content of the policy is largely up to the employer.
Were you disciplined or experienced negative consequences for disconnecting from work outside regular hours?
If your employer has a right to disconnect policy and is not following it, or if after-hours contact expectations are creating serious workplace harm, you may have a legal claim. Get advice to understand your options.
Call: 1-800-771-7882 Speak With an Employment LawyerRight to disconnect at a glance
What disconnecting from work means under Ontario law
Under the ESA, disconnecting from work means not engaging in work-related communications outside regular working hours. This covers emails, phone calls, video meetings, messages, and any other form of work communication. The law defines what disconnection means but leaves the specific expectations when you are expected to be available, what counts as urgent, and what roles may have different requirements to the written policy.
Your rights as an employee under the right to disconnect law
Right to receive the policy
Your employer must provide you with a copy of the written disconnecting-from-work policy within 30 days of the date it was prepared and within 30 days of being hired. If you have never received a copy, request one in writing.
Right to know the expectations
The policy must clearly set out the employer's expectations around after-hours communication. You are entitled to understand what is expected of you outside regular working hours and what the employer's position is on response times.
Right to follow the policy
Where you follow the terms of the written policy and your employer disciplines you for disconnecting, that discipline may raise legal concerns. The policy is not just guidance it is a binding workplace document your employer must adhere to.
Right to raise concerns
If the policy is not being followed or if after-hours contact expectations are creating serious workplace harm including contributing to a toxic work environment you have the right to raise concerns internally and to seek legal advice if those concerns are not addressed.
When the right to disconnect intersects with other legal protections
The right to disconnect law on its own provides limited direct recourse. Where after-hours expectations become genuinely harmful, other legal frameworks may provide stronger protection. Chronic overwork that significantly affects your health may engage accommodation obligations under the Ontario Human Rights Code where a disability is involved. Where after-hours demands become so extreme that they fundamentally change the nature of your employment, a constructive dismissal argument may arise. And where after-hours contact forms part of a pattern of harassment or a poisoned work environment, human rights and employment law protections apply separately from the disconnect policy.
Is your employer ignoring their right to disconnect policy or are after-hours demands affecting your health or employment?
Where after-hours expectations go beyond what was agreed to or are creating serious harm, you may have a legal claim beyond the right to disconnect policy itself. Get advice to understand what options are available to you.
Get Legal Advice Or call us: 1-800-771-7882Signs the right to disconnect policy may not be protecting you
Frequently asked questions about the right to disconnect in Ontario
What is the right to disconnect in Ontario?
The right to disconnect refers to a requirement under the Employment Standards Act, 2000 for employers with 25 or more employees to maintain a written policy about disconnecting from work outside regular hours. The law was introduced through the Working for Workers Act, 2021. It does not ban after-hours contact but requires employers to clearly define their expectations around it.
Does the right to disconnect law prohibit after-hours emails?
Not automatically. The law requires a written policy setting out expectations but does not itself ban after-hours communication. Whether you are expected to respond to after-hours messages depends on the content of your employer's policy and the nature of your role. Some roles, such as management or on-call positions, may legitimately require after-hours availability even under a compliant policy.
Does the right to disconnect apply to all employees in Ontario?
It applies to employees of employers that had 25 or more employees on January 1 of the relevant year. If your employer has fewer than 25 employees they are not legally required to have a policy, though they may choose to have one. Where the threshold is met, all employees of that employer are entitled to receive a copy of the policy.
What happens if my employer does not have a right to disconnect policy?
Where an employer meets the 25-employee threshold and fails to maintain a written policy, they may face compliance issues under the ESA. You can raise the issue internally or file a complaint with Ontario's Ministry of Labour. If you have never received a copy of the policy, start by requesting one in writing and keeping a record of the request and any response.
Can my employer discipline me for disconnecting from work in Ontario?
Where you followed the terms of the written policy, discipline for disconnecting may not be justified and could raise legal concerns. Where the policy sets out legitimate availability requirements for your role and you ignored them, discipline may be permissible. The specific terms of the policy are critical. If you were disciplined for following the policy as written, get legal advice about your options.
Does the right to disconnect law help with burnout or overwork claims?
Directly, it is limited. The policy requirement forces employers to define expectations but does not itself cap working hours or after-hours demands. Where overwork is contributing to a health condition, accommodation obligations under the Ontario Human Rights Code may apply. Where after-hours demands have fundamentally changed the nature of your employment, a constructive dismissal argument may be available. Get legal advice about which framework best addresses your specific situation.
Questions about your right to disconnect or after-hours work demands in Ontario?
Whether your employer is not following their policy, you have never received a copy, or after-hours demands are creating serious workplace harm, our team can help. We advise employees across Ontario on employment disputes and workplace rights. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©