VIDEO: What Are Some Tips for Drafting the Right to Disconnect Policy?


By Ron Minken


In our third video in our new series “Understanding the Right to Disconnect Law”, Ron Minken, Senior Employment Lawyer at Minken Employment Lawyers, discusses the Top 10 Tips for Drafting the Right to Disconnect Policy.

In this series we will be examining various issues concerning the Right to Disconnect Law.

Here are our Top 10 Tips for drafting a Right to Disconnect Policy:

  1. State that the policy is with respect to disconnecting from work. This is key, as it is required by the Employment Standards Act, 2000.
  2. Set separate requirements for different categories of employees. For example, management, administrative staff, and other categories within the company. The different requirements will depend on the employee’s level of responsibility. Management will likely be treated differently than employees performing administrative and non-managerial tasks.
  3. Explain how the policy will be enforced. It is always important for employees to be aware of how the employer will be implementing the policy, how the policy will be monitored, and the consequences for a breach of the policy.
  4. Have employees set out-of-office notifications when their shift ends. This is a practical solution that employers may wish to consider to allow employees the opportunity to let others know that they are unavailable after hours.
  5. Consider an option for flex hours. Many employees may currently be enjoying flex hours, meaning they can start work later or take an hour off in the day to pick up their children from school and then make up the time afterwards
  6. Consider an option for overtime hours. Many employees may currently be receiving overtime pay and may be relying on this as part of their annual income.
  7. Designate a person to whom employees can direct their questions and concerns.
  8. Outline expectations regarding responding to communications:
    1. after core business hours;
    2. depending on who the communications are from (i.e. client, customers, colleagues, managers); and
    3. depending on the urgency of the matter.
  9. Clearly communicate and educate employees; and finally
  10. Get advice from an Employment Lawyer with respect to drafting the Policy!

As a reminder, Employers with 25 or more employees as of January 1, 2022 are required to have a written policy in place for all employees with respect to disconnecting from work, by June 2, 2022.

If you’re an employer who needs employment law help regarding the Right to Disconnect law, please reach out to us by phone 905-477-7011 or email at contact@minken.com.

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Please note this video is for informational purposes only and does not constitute legal advice.

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