The Right to Disconnect: Creating a Policy for Ontario Bill 27

When the COVID-19 pandemic forced many employees to work remotely, workers ended up logging more hours — the average workday increased 2.5 hours during the pandemic.¹

With that extra time came increased worker stress, burnout and employees feeling they are tied to the desk. Often, employee frustration resulted in increased turnover or employer concessions to keep the workforce happy.

But in Ontario, the new state of worker stress has led lawmakers to action.

Understanding Bill 27

Ontario Bill 27, the Working for Workers Act, provides employees with the “right to disconnect,” in response to the increased burnout and overwork.

The bill, which received Royal Assent on December 2, 2021, requires employers with more than 25 employees to develop a written policy that gives employees the right to choose not to check email, answer the phone or video calls or engage in any other workplace communication outside of regular working hours.

The law forbids employers from talking action against employees who choose not to engage in workplace communication outside of work hours. The written policy must be written by June 2, 2022.²

Although there are currently³ no prescriptive measures for Ontario organizations that do not produce a written policy on disconnecting from work, organizations need to think about what such a policy will resemble.

Creating a policy on disconnecting from work

To comply with the “right to disconnect” law, employers need to consider the following four key elements:

1. Securing C-suite buy-in. Any change in policy will need the blessings of executive management. C-level executives need to clearly outline the policy to employees, including parameters and the consequences for noncompliance. It is also important for executive management to set an example by following the policy and avoid sending non-urgent email during off hours. Doing so will have a greater impact than any communication to employees.

2. Developing a communications plan. Communicate all aspects of the work disconnect policy clearly, especially the consequences for non-compliance. Encourage management to demonstrate their compliance with the policy, which will encourage other managers and employees to follow suit. Make sure workers know what Bill 27 entails, particularly in the context of organizational culture. For example, a workplace culture that promotes mental health and wellness will naturally support a disconnect policy.

3. Training everyone on the policy. Offer targeted training to different groups of people, including from senior leadership, management and employees. This will help identify the best ways to implement the policy in their own working lives. Targeted training results in stakeholders fundamentally understanding their roles and gives employees an opportunity to share concerns and gain clarification about the new policy.

4. Connecting mental health strategy to the policy. A disconnect policy offers an opportunity to highlight the importance of wellness in the workplace. For organizations lacking a formal wellness strategy, simply discussing the topic and creating simple wellness initiatives can help employees feel valued and engaged. Tying the disconnect policy to those initiatives underscores the importance of employees taking care of their mental health.

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¹ CNN Business, “Employees working from home are putting in longer hours than before the pandemic,” February 5, 2021.
² Bennett Jones LLP, “Ontario Bill 27: Working for Workers Act, 2021 is Now the Law,” December 8, 2022.
³ As of June 2022.