Since the amendment of the Employment Standards Act, 2000 (“ESA”) in 2022, Ontario employers with 25 or more employees as of Jan 1 are legally required to implement a written “disconnecting from work” policy. On paper, it sounds like a big shift. In reality, these policies do little for an already flexible or metrics-driven workforce that has moved beyond the traditional Mon-Fri or 9-5 dynamic.
If your business already operates with a flexible, remote or asynchronous model, you might be wondering: Do we still need a formal disconnect policy?
The short answer is Yes! (if you meet the 25-employee threshold)
A Note on the 25+ Threshold: All workers are considered in this count. This includes part-time, probationary, casual, temporary, layoff, employees on ESA or non-ESA leaves of absence, remote workers, employees working at different locations for the same employer across Ontario, or even employees who are otherwise exempt from ESA protections.
Even though the policy itself is less likely to encourage disconnecting from work than an informal weekly ‘Friday 4 pm’ log-off pact, it’s important for compliance purposes that you develop one, publish and circulate it by March 1st of each year, and have it on hand in the event of a compliance audit.
What the ESA Actually Requires (and Doesn’t)
Let’s start with the bare minimum. If you had 25+ employees as of Jan 1, you must:
- Have a written disconnecting from work policy that covers all employees (even management/execs).
- Provide it to all employees within 30 days of implementation (or hire).
- Keep it for 3 years.
That’s it. There’s no requirement to:
- Ban after-hours emails or calls.
- Guarantee the right to disconnect.
- Change employee hours or introduce monitoring.
- Use or include any specific language.
I know. Seems silly, doesn’t it? It’s ok, ESA, we’ll bite.
So… Why Bother?
Because the real risk is not working too much. The ESA already addresses that in other requirements (hours of work, overtime, etc.)
The risk is miscommunication about when your people are expected to be available.
A lean, clean, well-drafted policy will:
- Set clear expectations about availability.
- Reinforce trust and autonomy in remote settings.
- Protect the Company in disputes around unpaid overtime or performance management.
It’s not about controlling hours – it’s about ensuring your ‘flexible work’ model actually works.
How to Keep It Short and Effective
Here’s what a no-nonsense disconnecting-from-work policy should (and shouldn’t) include:
- A simple statement of purpose: Acknowledge that employees are not expected to engage in work communications outside of regular working hours, unless required due to the nature of their role or urgent operational needs.
- Define “disconnecting”: Spell it out – no work-related calls, emails, or messages after hours unless pre-arranged or urgent.
- Acknowledge flexibility: Make it clear that the focus is on outcomes, not hours.
- Tie it to other policies: Reference overtime, hybrid work, and performance management policies where appropriate to keep things aligned.
Don’t overpromise or guarantee.
If your policy gives your employees an absolute right to disconnect after work, this could create issues.
Additionally, any policy that offers rights beyond ESA minimums risks guaranteeing a greater right or benefit to your employees – this means that it now becomes your standard minimum.
Bottom Line
Yes, (if you meet the 25+ threshold) you need a policy.
No, it doesn’t need to be long or complicated. Think of it as a way to back up your culture with something that will hold up in a compliance check.
If your current Disconnecting from Work policy reads like a government form, or if you’re not sure how it fits into your team’s culture, reach out! We can help draft a policy that will reflect your dynamic and results-driven team.
