Exploring The Right to Disconnect in USA, Mexico, and Canada

While many countries have embraced the ‘right to disconnect’ principle, the approach varies widely across regions. In the USA, Mexico, and Canada, there are differences across regions, shaping how employers and employees navigate work-life boundaries. Here's a look at how each country is addressing the right to disconnect.

Work-Life Boundaries in the USA

In the USA, the right to disconnect has yet to be enacted at the federal level, but recent discussions and attempts at legislation show growing recognition of the need for boundaries between work and personal life. American work culture often values responsiveness and availability, with many employers expecting workers to remain connected even after hours.

In 2024, San Francisco Assemblyman Matt Haney proposed a bill in California that would give employees the legal right to ignore non-emergency calls and emails once their workday ends. Although innovative, this legislation faced considerable opposition from businesses that argued the law would reduce workplace flexibility and cause complications for teams working across different time zones. For now, the bill remains stalled in committee.

While there is no current law regarding the right to disconnect in the USA, these efforts represent an increasing awareness of the need for boundaries within the work environment.

Mexico’s Remote Working Law

In Mexico, the right to disconnect applies only to teleworkers. Under Mexican law, employees working from home at least 40% of the time have the right to disconnect after their working hours. Employers are required to respect these hours and are prohibited from contacting employees outside of established work times. To ensure that employees' personal lives are not infringed upon, companies must create policies that outline specific hours during which employees are expected to be available. Outside of these periods, workers are under no obligation to respond to work-related requests.

Furthermore, employers in Mexico are required to provide remote employees with essential tools such as internet access and compensation for electricity use. These measures, while focused on teleworkers, mark a clear recognition of the importance of protecting personal time from work intrusion.

Ontario’s Right to Disconnect Policy

In Canada, there is no federal law granting employees the right to disconnect, but, in 2022, Ontario introduced legislation requiring employers with 25 or more employees to have a written policy on disconnecting from work. This regulation, part of the Employment Standards Act (ESA), 2000, section 21.1.1, is aimed at addressing the growing problem of employee burnout resulting from constant accessibility.

Ontario’s law mandates that employees are free from work-related communications—including emails, calls, and virtual meetings—outside of their regular working hours. While it does not prescribe specific disconnection times, it obliges employers to clearly outline expectations regarding communication outside of work hours.

Implications for Employers

• Employers in Mexico and Ontario must ensure compliance with existing regulations. In Mexico, businesses with teleworkers need to develop clear teleworking policies that respect the employee’s right to disconnect and outline specific hours of availability. Similarly, Ontario employers must have written policies on disconnection from work.

• Though the right to disconnect is not yet legislated at the federal level in the USA, employers should stay informed about emerging trends.