As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27, please see our FTR Now of October 26, 2021, Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation, as well as our FTR Now of December 1, 2021, Ontario Passes Bill 27, Working for Workers Act, As Amended at Committee.)
Employers with 25 or more employees as of January 1, 2022 have until June 2, 2022 to have a written policy with respect to disconnecting from work (Policy) in place. Beginning in 2023, employers who meet the 25 or more employee threshold on January 1 of each year must have a Policy in place before March 1 of that year.
The requirement to have a Policy applies to all employees and employers covered by the ESA except the Crown, a Crown agency or authority, board, commission or corporation whose members are all appointed by the Crown and their employees.
The Ontario Ministry of Labour, Training and Skills Development has updated its online guide to the Employment Standards Act to include a chapter on written policy on disconnecting from work. For more information about what is contained in the chapter, please see our FTR Now of February 22, 2022, FTR Now of February 22, 2022, Ministry Updates ESA Guide on Disconnecting from Work Policies and Non-Compete Agreements.
Originally Published 18 May 2022
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