The Right to Disconnect

June 04, 2025 | 10 min

With the recent news of a seventh Working for Workers Seven Act on the horizon, now seems a fitting time to look back on a key feature introduced to the Employment Standards Act that promised to reshape work-life balance in Ontario —the right to disconnect, or “the Daily Rest Requirement” and more specifically, “Hours Free from Work”.

Introduced in Working for Workers Act, 2021 (Bill 27), the legislation required many employers to implement written disconnect-from-work policies. But three years later and questions remain about whether this policy has had any real impact, particularly in high-demand professions like law. This article explores how the legislation has played out in practice, and what remains missing for legal professionals striving for sustainable boundaries.

To begin with, the amended Employment Standards Act introduced a definition of what “disconnecting from work” means: 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 (2021, c. 35, Sched. 2, s. 3).

While taking work home and working from home did exist pre-covid, remote work became the norm for most people during this era, and it highlighted that the law was missing a clear, operational definition of what disconnecting truly meant. While it may have always been broadly understood that emails, calls, and messages were part of work, there remained a grey area, especially for those in senior roles or in fields like law, where clients may reach out at all hours and there are no universally accepted “closing times.” By codifying what counts as work-related communication, the legislation provided a foundation for professionals to assert boundaries and offered legal backing for something as simple as turning off email notifications after hours.

In the legal world, many associates choose to work from home a few days a week. But when your home becomes your office, the lines between work and rest blur—raising a difficult question: when is it justified to stop working? And how do you know when it’s okay to fully disconnect?

In my experience, even when I’m physically in the office, I find myself drifting into short moments of distraction—a glimpse out the window on a beautiful day, a non-billable phone call or email from a potential client, or the occasional overheard hallway conversations. These moments, though brief, often leave me feeling guilty for leaving right at 5:00 p.m. I end up wanting to stay later to “make up” for time spent on non-billable tasks, even if they’re part of a healthy, normal workday.

To my employer’s credit, the message is clear: we are encouraged to leave when the clock strikes five. But I’ve heard many testimonials from fellow associates whose firms take a different approach. For some, while the official policy allows for an eight-hour day, there’s an unspoken expectation to go above and beyond—especially for those with ambitions of becoming partner or advancing in their role. Staying late, replying to emails after hours, and demonstrating constant availability often become silent signals of dedication.

Those who operate solo practices face a different kind of challenge. With no employer setting work hours or encouraging them to log off, the pressure to remain constantly available—for clients, courts, and last-minute filings—can be even more intense. The desire to grow a practice, maintain client satisfaction, or simply stay afloat financially can make disconnecting feel almost irresponsible.

In my short time in this field, I’m already beginning to understand how fragmented a lawyer’s workday can become. Take, for instance, those who appear regularly in court. When you’re tied up in hearings from 10:00 a.m. to 4:30 p.m., it's easy to fall behind on all the other responsibilities sitting in your inbox or at your desk. Add filing deadlines to the mix, and what initially looks like a 30-day window can quickly vanish—especially when half of those days are filled with court commitments that rarely end early.

In this context, the ability to “disconnect” isn’t just about policy. It’s about culture, expectations, and the nature of the work itself. And for many legal professionals, finding that off switch remains one of the most elusive goals of all.

How might we aim to change this? Well, ironically, it may need to go deeper than the law. While legislation like the Working for Workers Act is a necessary starting point, true change requires a cultural shift within firms, within the profession, and even within individual mindsets. Speaking from personal experience, I’ve found that when I’m well-rested and have had the space to step away from my work, both mentally and physically, I’m far more productive. The same tasks that take me hours to finish when I’m tired often take much less time when I’m rested and focused.

One idea for encouraging a healthier work-life balance in the legal profession could be to reconsider the traditional billable hour model. This wouldn’t necessarily mean eliminating billable hours altogether, but exploring alternative performance indicators, which could help shift the focus from time spent to value delivered.

A varied system, that normalizes fix-fee billing or project-based pricing, the scope of work would be clearly defined in the retainer agreement, and any work beyond that scope would be billed separately. This would give clients more control and clarity around their demands, including excessive communication or scope creep, and encourages more efficient legal service. This approach could also help improve access to justice by making legal fees more predictable and giving clients a clearer understanding of the work their lawyer is doing.

Implementation could start with small, practical steps—like developing pricing templates or testing this model on simpler matters or with select clients. At the same time, firms could begin to shift their internal performance metrics: instead of focusing so heavily on "hours billed," they could emphasize "value delivered." This could include client feedback, error rates, first-draft approval rates, or proactive risk prevention efforts. These indicators are more aligned with quality, performance, and client outcomes—and they help move the profession away from a culture that still too often glorifies exhaustion.

Until we can move toward a culture that truly values balance and sustainability, the right to disconnect will remain just that—a right, but not yet a reality.