Right to Disconnect Policy in Ontario: Template + Rollout Checklist

Ontario employers with 25 or more employees must have a written right to disconnect policy in place before March 1 each year. This guide provides two Ontario right to disconnect policy templates—minimum compliance and enhanced—plus a full rollout checklist aligned with the Employment Standards Act, 2000.

Ontario Right to Disconnect Policy Template: What Employers Need Now

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Understanding the Legal Requirement: ESA Part VII.0.1

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

The 25-Employee Threshold: How to Count Correctly

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.

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Mandatory Content and Formatting Requirements

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Template 1: Minimum Compliance Right to Disconnect Policy

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Template 2: Enhanced Right to Disconnect Policy for Ontario Employers

This enhanced Ontario right to disconnect policy template goes beyond the statutory minimum by incorporating practical workplace expectations, role-based distinctions, and clear escalation procedures. It is designed for employers who want to use the policy as a genuine tool for managing after-hours communication culture.

[EMPLOYER LEGAL NAME]

Policy on Disconnecting from Work

Date Prepared: [Day, Month, Year]
Date of Last Revision: [Day, Month, Year — or "N/A" if no revisions]

1. Purpose and Legislative Authority

This policy is established pursuant to Part VII.0.1 of the Employment Standards Act, 2000 (Ontario), which requires employers with 25 or more employees to maintain a written policy on disconnecting from work. [Employer Legal Name] is committed to supporting employee well-being while maintaining operational effectiveness.

2. Definition

"Disconnecting from work" means 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, as defined in the ESA.

3. Scope

This policy applies to all employees of [Employer Legal Name] in Ontario, including full-time, part-time, casual, temporary, contract, probationary, and management employees. Where specific provisions differ by employee group, those distinctions are noted below.

4. General Expectations

• Employees are expected to be available for work-related communications during their scheduled working hours.
• Outside of scheduled working hours, employees are generally not expected to read, respond to, or send work-related emails, messages, or calls.
• Managers and supervisors should, where reasonably possible, schedule communications to be sent during the recipient's working hours or use delayed-send features.

5. Exceptions and Urgent Circumstances

After-hours contact may be necessary in the following circumstances:

• Emergencies that pose a risk to employee safety, public safety, or critical business operations
• Unforeseeable operational requirements that cannot wait until the next business day
• Pre-arranged on-call or standby duties as outlined in the employee's employment agreement or schedule
• Time-sensitive client or regulatory deadlines communicated in advance

6. Role-Specific Provisions

Senior Management and Executives: Due to the nature of their responsibilities, senior leaders may be required to remain accessible outside standard hours for strategic or emergency matters.

On-Call Employees: Employees assigned to on-call rotations are expected to be available as outlined in their on-call schedule. On-call expectations will be communicated in writing in advance.

All Other Employees: Routine after-hours communication is not expected. If an employee receives a non-urgent message outside working hours, they are not expected to respond until their next scheduled shift.

7. Manager Responsibilities

• Model appropriate after-hours communication behaviour
• Clearly distinguish between urgent and non-urgent communications
• Respect employees' scheduled time off, vacation, and leaves of absence
• Use subject-line indicators (e.g., "URGENT" vs. "FYI — No Response Needed") to set expectations

8. Employee Responsibilities

• Set up out-of-office notifications and voicemail messages when not scheduled to work, where applicable
• Communicate scheduling conflicts or availability concerns to their manager proactively
• Respond to communications identified as urgent in a timely manner when on-call or in a designated emergency role

9. Relationship to Other Policies and Legislation

This policy does not diminish or replace any rights or entitlements under the Employment Standards Act, 2000, including hours of work, overtime, vacation, public holidays, and leaves of absence. It operates alongside [Employer Legal Name]'s existing policies on hours of work, overtime, electronic monitoring, and workplace conduct. This policy does not create new entitlements beyond those established by the ESA and applicable employment agreements unless expressly stated.

10. Concerns and Questions

Employees who have concerns about after-hours communication expectations or believe this policy is not being followed should contact [HR Contact / Title / Email]. Concerns will be addressed promptly and without reprisal.

11. Review

This policy will be reviewed annually and updated as required. Any changes will be communicated to all employees within 30 calendar days, as required by the ESA.

This template is provided for informational purposes. Employers should have their policy reviewed by a qualified professional to ensure it reflects their specific operational needs and legal obligations.

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0
• https://www.ipc.on.ca/en/organisations/privacy-at-work
• https://www.ontario.ca/page/accessibility-laws

Distribution, Acknowledgment, and Retention Requirements

How to Distribute the Policy

Under the ESA, employers must provide a copy of the written policy to all employees within 30 calendar days of the policy being prepared or changed (ESA, Part VII.0.1; Ontario.ca, current). New employees must receive a copy within 30 calendar days of being hired.

The ESA permits the following distribution methods:

• Printed copy — handed directly to the employee
• Email attachment — provided the employee can print a copy
• Link to an online document — provided the employee has a reasonable opportunity to access the document and a printer, and knows how to use both

Acknowledgment Best Practices

While the ESA does not explicitly require a signed acknowledgment, maintaining proof of distribution is a strong compliance practice. Consider:

• Having employees sign and date an acknowledgment form confirming receipt
• Using your HRIS or document management system to track electronic distribution and confirmation of receipt
• Keeping a distribution log with employee name, date of distribution, and method used

Record Retention

Employers must retain a copy of every written policy required under the ESA for three years after the policy is no longer in effect (ESA, Part VII.0.1; Ontario.ca, current). This means if you update your policy annually, you must keep each prior version for three years after it was replaced.

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Annual Review and Update Process

While the ESA does not require employers to create a new policy each year, the annual January 1 employee count and March 1 deadline create a natural review cycle. Here is a recommended annual process:

Annual Right to Disconnect Policy Review Timeline

• January 1: Count all employees in Ontario to determine if the 25-employee threshold is met
• January 2–15: Review the existing policy for accuracy, relevance, and alignment with any operational changes, new roles, or updated communication tools
• January 15–31: Draft revisions if needed; have the updated policy reviewed by a qualified professional
• February 1–28: Finalize the policy; update the revision date (day, month, year)
• Before March 1: Ensure the policy is in place
• Within 30 calendar days of any change: Distribute the updated policy to all employees and collect acknowledgments

What Triggers a Mid-Year Update?

Consider updating your policy outside the annual cycle if:

• Your organization undergoes a significant restructuring or merger
• New communication platforms are adopted (e.g., new messaging tools, project management software)
• Employee feedback or complaints indicate the policy is unclear or not being followed
• Legislative amendments are made to the ESA's disconnecting-from-work provisions

Enforceability: What Happens If the Policy Is Not Followed?

This is a critical point for employers to understand. Under the ESA, a disconnecting-from-work policy is not enforceable unless it creates a greater right or benefit than an existing employment standard (ESA, Part VII.0.1; Ontario.ca, current). In practical terms:

• If your policy simply restates existing ESA obligations (hours of work, vacation, etc.), it is not independently enforceable under the ESA
• If your policy grants employees a right that goes beyond the ESA minimum—for example, guaranteeing no after-hours contact except in emergencies—that greater right or benefit may be enforceable under the ESA
• Even where the policy is not enforceable under the ESA, it may create contractual or common law obligations

This is why the language in your policy matters. Employers who want to avoid creating unintended enforceable obligations should use careful, qualified language (e.g., "employees are generally not expected to" rather than "employees have the right to"). Consult a qualified professional before finalizing your policy language.

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Employer Compliance Checklist: Ontario Right to Disconnect Policy

Use this checklist to confirm your organization meets all requirements under the Employment Standards Act, 2000, Part VII.0.1:

• ☐ Employee count completed: Counted all individual employees in Ontario (not FTEs) as of January 1, including part-time, casual, on leave, on lay-off, on strike/locked out, and ESA-exempt employees
• ☐ Threshold confirmed: Determined whether the organization employs 25 or more employees on January 1
• ☐ Related employers assessed: Evaluated whether any related-employer provisions apply and combined employee counts accordingly
• ☐ Policy drafted or reviewed: Written policy addresses disconnecting from work as defined in the ESA
• ☐ Mandatory dates included: Policy includes the date prepared and date of any changes (day, month, year)
• ☐ All employees covered: Policy applies to all Ontario employees, including management, executives, and shareholders who are employees
• ☐ Policy in place before March 1: Policy finalized and in effect before the annual deadline
• ☐ Distribution completed within 30 days: All existing employees received a copy within 30 calendar days of the policy being prepared or changed
• ☐ New hire process updated: Onboarding procedures include distribution of the policy within 30 calendar days of hire
• ☐ Distribution method compliant: Policy provided as a printed copy, email attachment (employee can print), or online link (employee has reasonable access to document and printer)
• ☐ Acknowledgment records maintained: Signed acknowledgments or electronic confirmations collected and filed
• ☐ Retention protocol in place: Every version of the policy retained for three years after it is no longer in effect
• ☐ Annual review scheduled: Calendar reminder set for January review cycle
• ☐ Electronic monitoring policy also current: If applicable, confirmed that the organization's electronic monitoring policy is also up to date under the ESA

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0
• https://www.ipc.on.ca/en/organisations/privacy-at-work

Common Mistakes Ontario Employers Make

1. Counting FTEs Instead of Individual Employees

The ESA is explicit: you count individual employees, not full-time equivalents. A part-time employee working 10 hours per week counts the same as a full-time employee working 44 hours per week.

2. Excluding Management or Executives

The policy must apply to all employees in Ontario, including management, executives, and shareholders who are employees under the ESA. A policy that covers only non-management staff does not meet the requirement.

3. Missing the Date Format

The policy must include the date prepared and the date of any changes, and the date must include the day, month, and year. Writing only "2025" or "January 2025" is insufficient.

4. Failing to Distribute Within 30 Days

Having the policy in place is not enough. You must provide a copy to every employee within 30 calendar days of the policy being prepared, changed, or the employee being hired.

5. Not Retaining Prior Versions

When you update your policy, do not discard the old version. You must retain every version for three years after it is no longer in effect.

6. Accidentally Creating Enforceable Rights

If your policy language grants employees a right that exceeds the ESA minimum, that provision may become enforceable. Be deliberate about whether you intend to create greater rights or benefits.

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0

Connecting the Right to Disconnect with Your Broader Compliance Framework

The right to disconnect policy does not exist in isolation. Ontario employers with 25 or more employees also face the requirement to maintain a written electronic monitoring policy under the ESA. Both policies share the same employee threshold, the same January 1 count date, and the same March 1 deadline. Many employers choose to review, update, and distribute both policies simultaneously as part of an annual compliance cycle.

Additionally, the disconnect policy intersects with other Ontario employment standards including hours of work, overtime, vacation, and public holiday provisions. Employers should ensure their disconnect policy language does not inadvertently conflict with these existing obligations.

For organizations operating across multiple provinces, note that Ontario is currently the only province with a statutory requirement for a written disconnecting-from-work policy. However, best practices around after-hours communication expectations are increasingly relevant across all Canadian jurisdictions.

Sources

• https://www.ontario.ca/document/your-guide-employment-standards-act-0
• https://www.ipc.on.ca/en/organisations/privacy-at-work

Get Your Policies Right — Every Year

Maintaining an Ontario right to disconnect policy template that is accurate, current, and properly distributed is an annual obligation—not a one-time task. The consequences of non-compliance may include ESA enforcement action, and poorly drafted policies can create unintended legal obligations.

Canada Policy Manual provides professionally drafted, annually reviewed policy templates aligned with monitored government sources—including right to disconnect and electronic monitoring policies for Ontario employers. Our templates are updated as legislation changes, so you never have to wonder whether your policies are current.

👉 Take a free preview of Canada Policy Manual to see how our platform helps Ontario employers stay aligned with ESA requirements year after year.

📄 Need a head start? Download free policy templates here.

Key Takeaways

• Ontario employers with 25 or more employees on January 1 must have a written disconnecting-from-work policy in place before March 1 of that year, per ESA Part VII.0.1.
• Count individual employees (not FTEs) — including part-time, casual, on leave, on lay-off, and ESA-exempt employees — across all Ontario locations.
• The policy must include the date prepared and date of any changes (day, month, year), and must apply to all employees including management and executives.
• Distribute the policy to all employees within 30 calendar days of it being prepared, changed, or a new employee being hired — via print, email attachment, or online link.
• Retain every version of the policy for three years after it is no longer in effect.
• The policy is not enforceable under the ESA unless it creates a greater right or benefit than an existing employment standard — choose your language carefully.
• As a best practice, review and update the policy annually alongside your electronic monitoring policy, using the January 1 count and March 1 deadline as your compliance cycle. While the ESA does not prescribe a specific review cadence, regular updates help ensure ongoing compliance.