Author: Ryan Carroll, Law365 Summer Student
The Ontario government has passed Bill 27 titled Working for Workers Act, 2021. A key point of consideration for employers is that Bill 27 amends the Employment Standards Act, 2000 (ESA). The ESA now requires employers with 25 or more employees to have a written policy relating to disconnecting from work. There is no action required for employers who employed less than 25 employees on January 1, 2022, even if they went on to employ a total of 25 or more employees. If an employer employs 25 employees by January 1, 2023, they are required to have a written policy by March 1, 2023. Employers must provide the policy to their employees within 30 days of it being complete or it being changed. New employees must be provided the policy within 30 days of being hired.
Disconnecting from work is defined in the ESA 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.” This is not an exhaustive list and is better served as a guide. Employers should also be aware that this policy does not create a right for employees to be free from work obligations outside of working hours. The ESA only requires that the date the policy was drafted or when any changes were made be mentioned. There is no requirement on what content is included.
The Employment Standards Act (Guide) provides examples on what a written policy can include. The policy can be tailored to accommodate the unique circumstances of the employer as the examples below suggest:
Define the employer’s expectations of employees to read and reply to emails or answer work-related phone calls before or after their shift.
Define the employer’s expectations for different situations based on factors including the time of day the communication was received, the subject matter of the communication, and who is contacting the employee.
Outline obligations for employees turning on out-of-office notifications and/or changing their voicemail messages.
A comprehensive and clear policy can ease employee confusion regarding their expectations and obligations outside of their normal working hours.
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