Disconnecting from Work Procedure

Purpose statement

The health and wellbeing of our employees is of the utmost importance to the Corporation of the Town of Oakville (the “town”), and as such, the town encourages employees to prioritize their own wellbeing.

Disconnecting from work is important for an individual’s wellbeing, and helps employees achieve a healthy and sustainable work-life balance. To encourage and support our employees in balancing their working and personal lives, whether working traditional hours in the workplace, remotely or flexibly, the town has implemented this Disconnecting from Work Procedure (the “procedure”) to encourage employees to disconnect from work outside of their normal working hours in accordance with and subject to this procedure.

Scope

This procedure applies to all employees, as defined by Ontario’s Employment Standards Act, 2000 (“ESA”). For clarity, “employee” under this procedure means only those employees of the town which are considered employees under the ESA. This procedure should be read alongside the Town’s associated policies and procedures (such as, but not limited to, Time At and Away From Work, Vacation Entitlement, Public Holidays, Flex Time, Reduced Work Week, Remote Work Arrangement, Absence Reporting, Occupational Health & Safety, Respectful Conduce, Employee Code of Conduct, and Overtime) as well as any relevant and applicable legislation and/or any other procedure that may become applicable and/or relevant.

Procedure

In order to support work/life balance and prioritize the health and wellbeing of our employees, the town recognizes the need for our employees to disconnect from work outside of their established work hours. Employees are encouraged to review and follow guidance set out in this procedure to ensure they are taking the time to disconnect from work when it is appropriate to do so.

This procedure does not provide a right for an employee to disconnect from work and be free of the obligation to engage in work related communications required to meet operational needs, subject to any rights or other entitlements the receiving colleague or employee may have under the Ontario Employment Standards Act, 2000 (the “ESA”).

This procedure shall be applied in accordance with the following:

1. Hours of Work

All employees are encouraged to know, and conduct their assigned work within their established working hours to the extent it is reasonably practicable to do so. Standard hours of work vary by department and job function, therefore an employees’ ability to disconnect from work will be within the context of an individual’s work schedule as set out by their supervisor.

Despite the establishment of normal working hours, all employees recognize that there may be busier periods or other circumstances where work must be completed outside of normal working hours. Furthermore, in the ordinary course of business there will be situations when it is necessary to contact employees outside of established work hours, including but not limited to:

• stand-by/on call requirements;
• checking availability for scheduling;
• to fill in on short notice for a colleague who has called in sick or is unavailable for work;
• emergency situations;
• when unforeseen circumstances arise;
• where employees voluntarily wish to communicate with one another for work related purposes outside of established working hours; and
• other business or operational requirements that require contact outside of established working hours.

Aside from such times that work may be required outside of established working hours, employees are encouraged to disconnect from work during off hours.

2. Communications

Where possible, work related communication via any medium (email, text, phone, video) should only be checked during an employee’s established work hours. Recognizing that employees across the town have differing work hours, employees are expected to use their best judgement and consider the timing of their communication when sending any communication sent outside of their established working hours. The recipient should understand that they will not be expected to respond until their working time recommences (or unless otherwise required and stipulated within the communication per the circumstances as outlined above).

If a manager/supervisor sends communications outside applicable normal working hours and it requires immediate or prompt response, the response expectation should be set out in the communication.

Use of Notifications

Use of effective notifications are encouraged to clearly establish expectations around the required timing of a response (e.g. in an emergency situation). If an immediate response is required outside of a recipient’s normal working hours, the communication should provide the recipient with a clear notification that the communication is being issued due to an emergency and an immediate or quick response is required.

Employees are encouraged to use out-of-office notifications when absent for extended time periods (e.g. conferences, lengthy meetings, vacations etc.) and are encouraged to set automatic replies on their voicemail, email, and other communication platforms as appropriate, in order to provide notification of their absences and set reasonable expectations for response times.

Handheld Devices (Electronic and Phone Communications)

It is important to be aware that handheld devices (mobile phone, laptop, tablet) allow for flexibility to complete work, but use of these devices does not imply that the employee be expected to make themselves available for work at all times (e.g. outside of core working hours or if an employee has been assigned to be on standby/on-call).

3. Meetings

Wherever possible, meetings should be scheduled during all participants’ established working hours, recognizing that, depending on the nature of the position, attendance at early morning or evening meetings may be required.

Meeting organizers are encouraged to respect one another’s times, and ensure that all attendees invited have an operational requirement to attend and will have an active role in contributing to the subject matter.

4. Vacation

Employees are expected to take allotted vacation entitlements as set out in the Vacation Entitlement Procedure or their applicable collective agreement.

Employees taking vacation are expected to use all applicable tools to update out of office notifications when absent.

Definitions

Pursuant to the Ontario Employment Standards Act, 2000, “disconnecting from work” is defined as “not engaging in work-related communications, including emails, telephone calls, video calls, or the sending or reviewing of other messages, so as to be free from the performance of work.”

Responsibilities

Manager/Supervisor

• Inform all employees of what their normal working hours are reasonably expected to be and the circumstances where an employee may be expected to engage in work-related communications outside normal working hours
• Inform employees of the dates/times that they are assigned to be on standby/on-call and expectations on responsiveness
• Monitor and manage workload of employees within the above guidelines
• Ensure employees take applicable meal, rest periods and minimum hours free from work as required by law, employment agreement or applicable collective agreement
• Ensure employees take vacation or other leave entitlements as required by law, employment agreement or applicable collective agreement, and not be asked to perform work during this time
• Cultivate a work environment and practice that supports their team disconnecting from work outside of normal working hours
• Ensure that all standby/on-call overtime hours for employees are approved and accurately recorded

Employees

• Plan and manage own workload with the immediate supervisor within the above guidelines, and consider the obligation as an employee to take reasonable care to protect their own health and safety and that of their colleagues
• Co-operate fully with any appropriate and/or reasonable mechanism utilized by the town to record working time
• Update out-of-office notifications as required
• Comply with the town’s overtime procedure, including any requirements to obtain approval before performing overtime work
• Be mindful of colleagues’ working hours and their right to disconnect (e.g. by not routinely emailing or calling outside of normal working hours or expecting answers or responses outside of normal working hours)
• Communicate with immediate supervisor if the employee is concerned that their workload is preventing them from being able to take applicable meal, rest periods and hours free from work as required by law, employment agreement or applicable collective agreement