Workplace Policy Housekeeping June 2022

June 27, 2022

Martin Ejidra

With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario.

Right to Disconnect Policy

For the first year of this new requirement, employers that employed 25 or more employees on January 1, 2022 had until June 2, 2022, to have a written policy on disconnecting from work in place. Beginning in 2023, and in the following years, employers that employ 25 or more employees on January 1 of any year must have a written policy on disconnecting from work in place before March 1 of that year. If your workplace still does not have a written policy on disconnecting from work, you are required to put one in place as soon as possible.

Electronic Monitoring Policy

Workplaces should also be aware of the requirement to have an electronic monitoring policy in place by October 11, 2022.

Introduced as part of Bill 88, Working for Workers Act, 2022, which received Royal Assent on April 11, 2022, an employer that on January 1 of any year, employs 25 or more employees shall, before March 1 of that year have a written policy in place for all employees with respect to electronic workplace monitoring of employees.

i. Required Information

The policy must contain the following information:

• • explain whether the employer electronically monitors employees and if so describe how, in what circumstances and the purposes for which information obtained through the monitoring may be used by the employer;
  • the date the policy was prepared and the date any changes were made to the policy; and
  • such other information as may be prescribed. (To date none is prescribed)

ii. Copy of policy

• • the written policy must be provided to employees within 30 days from the day the policy is required to be implemented or if, if an existing policy is changed, within 30 days of the changes being made;
  • the written policy must be provided to new employees within 30 days of their start date or within 30 days from the day the employer is required to have the policy in place, whichever is later; and
  • the written policy must be provided to temporary help agency workers within 24 hours of the start of the assignment or within 30 days from the day the employer is required to have the policy in place, whichever is later.

Transition

The Bill includes a transitional provision that requires employers who employ 25 or more employees on January 1, 2022, to have the policy in place by October 11, 2022.

Although the October deadline is a few months away, it is always a good idea to get a head start on preparing to have a policy in place in advance of a required deadline. As such, make it a summer priority.

Should you have any questions regarding these requirements or any other employment related matters, please contact a member of Koskie Minsky’s Employment Law Group.

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