Limits on Hours of Work

An employer cannot make an employee work for more than:

• 8 hours in a day or

• 48 hours in a workweek

If the employee agrees, they can work up to a certain number of hours beyond this limit.

• to make such an agreement, the employer must provide the employee with a copy of the most recent document published by the Director and the employee must acknowledge receipt of the document.

• Both the employee and the employer can revoke this agreement with two weeks’ written notice. However, this does not apply to employees who are represented by a trade union.

Time away from work

An employer shall give an employee a period of at least 11 consecutive hours free from performing work each day

• this does not apply to an employee who is on-call and is called during a period in which the employee would not be otherwise expected to perform work for his or her employer

An employer shall give an employee a period free from the performance of work equal to:

• at least 24 consecutive hours in every workweek

• at least 48 consecutive hours in every period of two consecutive work weeks

An employer may require an employee to work more than the max number of hours permitted or to work during the period that is required to be free from performing work but so far as is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations:

• to deal with an emergency

• if unforeseen occurs, ensure the continued delivery of essential public services, regardless of who delivers those services

• if something unforeseen occurs, ensure the continuous processes or seasonal operations are not interrupted

• to carry out urgent repair work to the employer’s plant or equipment

Disconnecting from work

Not engaging in work-related communications, including emails, phone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work

An employer that, on Jan 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to disconnecting from work that includes the date the policy was prepared and the date changes were made to the policy

• an employer must provide a copy of this policy to each employee within 30 days of preparing the policy or, if an existing written policy is changed, within 30 days of the change (and new employees)

Ont ESA Pt. VII s.18, 21.1.1-21.1.2