Right to Disconnect Policy in Ontario: Template + Rollout Checklist

If you're searching for an Ontario policy on disconnecting from work template, here's the direct answer: beginning in 2023, every Ontario employer with 25 or more employees in Ontario on January 1 of a year must have a written policy on disconnecting from work in place before March 1 of that year, as required by the Employment Standards Act, 2000 (ESA). These requirements were added to the ESA on December 2, 2021. A special transitional rule applied in 2022: employers with 25 or more employees in Ontario on January 1, 2022 had until June 2, 2022 to have the policy in place. The policy must apply to all employees in Ontario, include the date it was prepared and the date any changes were made to it (day, month, and year), and a copy must be provided to employees within 30 calendar days of being prepared or changed. New employees must also receive a copy within 30 calendar days of being hired. ## Understanding the Legal Requirement: Written Policy on Disconnecting from Work ### What Does "Disconnecting from Work" Mean? The ESA defines "disconnecting from work" as not engaging in work-related communications, including emails, telephone calls, video calls or sending or reviewing other messages, to be free from the performance of work. The list is inclusive, not exhaustive. ### Critical Nuance: The ESA Does Not Create a New Right to Disconnect The ESA does not require an employer to create a new right for employees to disconnect from work. It requires certain employers to have a written policy on disconnecting from work. Employee rights under the ESA to not perform work are established through other ESA rules, including hours of work and eating periods, vacation with pay, public holidays, and the rules in Ontario Regulation 285/01 about when work is deemed to be performed. ### Who Is Exempt? The requirement applies to employees and employers covered by the ESA except the Crown, a Crown agency, or an authority, board, commission or corporation whose members are all appointed by the Crown, and their employees. The obligation to maintain a written right to disconnect policy is triggered when an employer has 25 or more employees in Ontario on January 1 of any year ( ESA , Part VII.0.1; Ontario.ca, current). Getting this count right is essential. Who Counts as an Employee? You must count individual employees , not full-time equivalents. Each of the following counts as one employee regardless of hours worked: Full-time, part-time, and casual employees Homeworkers Probationary employees Certain trainees who meet the ESA definition of "employee" Officers of a corporation who perform work or supply services for wages Employees on definite-term or specific-task contracts of any length Employees on lay-off (provided the employment relationship has not been terminated or severed) Employees on a leave of absence Employees on strike or locked out Employees exempt from all or part of the ESA (they still count toward the threshold even if the disconnect provisions don't apply to them) Multiple Locations and Related Employers If your organization has multiple locations, all employees at every Ontario location must be included in the count. Where two or more employers are treated as one employer under the ESA's related-employer provisions, all Ontario employees across those entities are combined for the threshold calculation. Temporary Help Agencies Assignment employees of temporary help agencies count toward the agency's threshold, not the client's. The agency must include all assignment employees—whether active or inactive on January 1. What If Your Count Changes During the Year? Below 25 on January 1, then grow: You are not required to have a policy for that calendar year, even if you later exceed 25 employees. At or above 25 on January 1, then shrink: You must maintain the policy for the entire calendar year. The obligation only lifts if you are below 25 on the following January 1. The ESA is flexible about policy content. Here is what the Ontario government source confirms is required versus optional: ### Required Elements - The policy must be about disconnecting from work as defined in the ESA. - It must include the date it was prepared. - It must include the date any changes were made to the policy, if applicable. - Dates must include the day, month and year. - It must apply to all employees in Ontario, including management, executives and shareholders if they are employees under the ESA. ### What the ESA Does Not Specify - The ESA does not require the policy to create a right to disconnect. - The ESA does not prescribe detailed substantive terms beyond the items above. - The ESA does not require the policy to be a particular length. - The employer determines the content of the policy itself. ### Permitted Variations An employer may use one policy for all employees or different policies for different groups of employees, as long as all employees in Ontario are covered. The policy may be a stand-alone document or part of ano