PRACTICAL SUGGESTIONS ABOUT DISCONNECTING FROM WORK POLICIES
 
As of June 2, 2022, provincially regulated employers in Ontario that employ 25 or more employees are required to develop and implement a written policy on disconnecting from work.

While the government has provided some direction for employers about policy requirements, many employers are left wondering how to draft and execute on this important new legislation.

Here are some practical suggestions and points to consider:

• Remember, this legislation does not create a new right for employees to disconnect from work. Frankly, some employees may still have to respond to various messages/calls after hours.
• Though the policy must apply to all employees, it’s ok to have different Disconnecting from Work policy expectations for different employee groups, based on the work they perform and/or the hours they work, etc.
• Depending on the situation, requiring employees to activate out of office messages and voicemails when they are not working is a common element for various Disconnecting from Work policies.
• Clarity on expectations for employees who may read or reply to work related emails or answer work related calls after their shift should also be addressed.  For instance, “PLEASE READ” in the subject heading may be a way the employer identifies after hours messages that require a response.
• Some employers are now requiring email signatures including language such as: “My work hours may be different than yours.  Please do not feel obligated to respond to my message until your next shift.”

 
To review the Employment Standards Act section on Disconnecting from Work legislative requirements and suggestions, CLICK HERE.

These measures are intended to make it easier for employees to spend time with family and loved ones by providing more clear distinctions between work life and home life.
 

OVERTIME ELIGIBILITY MYTHS
 
A common topic of discussion with clients continues to be related to overtime eligibility in Ontario.  There is a misconception (for some) that professional level, salary-compensated employees are not eligible for overtime pay, presumably since they are paid a salary for their work.

This is incorrect.        

In Ontario, professional level employees who are paid an annual salary are, in most cases, eligible for overtime pay when they work more than 44 approved hours per week.  This requires overtime pay or time off in lieu (if applicable) at the rate of 1.5 times the regular rate of pay for deemed overtime hours.

The broad exception to overtime eligibility is for managers/supervisors who perform the majority of their work in a supervisory capacity.  As such, managers/supervisors are generally not eligible for overtime pay per the Employment Standards Act.


It is important for employers to keep up with all these legislative and best practice changes. 
 
NCHR is here to help.

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Please contact NCHR for more information: info@nchr.ca /  905-818-NCHR /  http://www.nchr.ca

 
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This e-newsletter from NCHR Consulting & Recruitment Services contains important information about HR related legislative updates and other best practice suggestions and lessons learned, to help you better manage your business and employee situations.    

NCHR e-newsletter: #33, June 2022