VIDEO: What Must be Included in the Right to Disconnect Policy?


By Tejpreet (Tanya) Sambi


In our second video in our new series “Understanding the Right to Disconnect Law”, Tanya Sambi, Employment Lawyer at Minken Employment Lawyers, discusses What Must be Included in the Right to Disconnect Policy.

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

The Employment Standards Act, 2000 (“ESA”) is nearly silent on the content of the policy. The policy must meet the following four criteria for an employer to comply with the ESA:

  1. The policy must be “with respect to disconnecting from work”
  2. The policy must include the date the policy was prepared;
  3. The policy must include the date any changes were made to the policy; and
  4. The policy must “contain such information as may be prescribed”.

As “prescribed” means that new law would be introduced in the form of a regulation under the ESA.

As of May 1, 2022, there are no regulations in effect which address the contents of the written policy with respect to disconnecting from work and there may not be any put in place by the deadline of June 2, 2022, or perhaps thereafter.

Therefore, the employer currently has full discretion as to what is or is not included in this policy.

As long as the policy is with respect to disconnecting from work, includes the date it was prepared and the date any changes were made, it will likely pass muster!

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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