By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Work doesn’t define your entire life—and the law recognizes that. In Ontario, employees have the right to disconnect from work once the day is done. This legislation was created to protect your time, your health, and your well-being. Whether you’re answering emails late at night, feeling pressure to respond to weekend texts, or struggling to balance remote work and family time, you don’t have to be “always on.”
This right applies if your employer has 25 or more employees. In that case, your employer must have a written “Right to Disconnect” policy in place. The policy limits your employer’s ability to contact you outside of working hours and makes expectations around communication crystal clear. It also reinforces an important point under the Employment Standards Act (ESA): any time you spend working—whether answering a late-night email or hopping on an after-hours call—counts as work time, and you should be compensated accordingly.
Who’s Covered?
This right applies to all types of employees (that meet the definition of “employee”), including, but not limited to:
- Remote workers
- Fixed-term employees
- Employees on leave of absence
- Probationary employees
- Temporary workers
- Some trainees
Understanding Your Employer’s Policy
Employers with 25+ staff must create a written “Right to Disconnect” policy.
They must also give you a copy—within 30 days of creating or updating it.
What to Look Out For
Check the policy for:
- Expectations around emails, calls, video calls, texts, or other work-related communications after your working hours
- Clear boundaries for work-related communications
- Any exceptions (e.g. emergencies or on-call roles)
Ask Questions
- Start with HR or your direct supervisor
- If you’re in a union, contact your union representative
- If you are not getting any clear answers, you could confidentially contact the Ministry of Labour, Ontario
If Your Employer Ignores the Policy
If your employer doesn’t follow their own policy:
- Document everything – dates, times, emails, texts
- Raise your concerns internally – preferably in writing
- Contact Workplace Sage Legal to get advice.
Reprisal Protections
You have the right to speak up.
Under the Employment Standards Act, your employer cannot punish you for:
- Asking questions about the disconnect policy
- Attempting to Enforce your rights
- Filing a complaint
Any form of reprisal (e.g. demotion, firing, threats, harassment, reduction of your working hours or pay) is unlawful.
Conclusion
The right to disconnect protects your time and helps you set healthy boundaries between your work and your personal life. If you’re covered under Ontario’s legislation, don’t stay silent—know the policy, ask questions, and hold your employer accountable.
If your employer isn’t respecting their disconnect policy, you don’t have to handle it alone. Workplace Sage Legal is here to help.
We provide bespoke, practical legal advice to ensure your rights are protected and your voice is heard. Whether you need help understanding your employer’s obligations, raising concerns, or taking formal action (if a viable option)—we’ve got your back.
Disconnecting isn’t just a policy—it’s your legal right. Contact Workplace Sage Legal today and take control of your work-life balance.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
