It has now been almost 2 years since Employers were required to have a written policy regarding the “disconnecting from work” when they have 25 or more Employees.
What is the definition of “disconnecting from work”? This term is defined in the Employment Standards Act, 2000 (“ESA”) to mean “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.”
The “disconnecting from work” policy was required by the ESA to be in place by June 2, 2022 if an Employer employed 25 or more Employees on January 1, 2022.
After that, Employers who had 25 or more Employees on January 1 of any year is required have the written policy in place before March 1 of that year, and applies to Employers and Employees covered by the ESA, with some exceptions.
In addition to having the policy, a copy is to be provided to all Employees.
This requirement applies to whether or not the Employer has multiple locations, and includes both part-time and full-time Employees.
It’s really amazes me how things have come full circle. I remember not too long ago, with the technology we have, it was almost expected for Employees to be accessible to their Managers and Employers. It’s no wonder why this policy had to be put in place. People didn’t have time to winddown from their jobs and spend time with their families and taking care of themselves. Hence the overwhelmed, overworked employee era.
All of this truly ties into work life balance. Do you employee more than 25 Employees? If you do and you have not put a written policy in place, your first call should be to your lawyer to get you compliant.
Christine Allan, Senior Law Clerk