Do Employees Need a Right to Disconnect

Do Employees Need a Right to Disconnect?

Do employees need a right to disconnect from work? The California legislature may think so. AB 2751, an unprecedented bill modeled after European countries, would require employers to define employees' nonworking hours and prohibit employers from contacting workers during those hours, except for scheduling changes or emergencies. As of right now, the bill has many open questions and ambiguities.

At CEA, we remind employers that when it comes to proposed bills, it isn't over until it's over, so don't get too tied up in the weeds before a bill actually passes. However, AB 2751 does raise some interesting questions for employers to consider about work culture and wellness.

What is Your Work Culture?

Employers should consider whether they truly allow employees to create boundaries between their work and personal lives. After all, we are not robots (at least not yet), and you will get the best out of a happy employee, rather than a disengaged or resentful one.

Think about your workplace. Are employees expected to respond late at night and on weekends? Are they receiving work emails around the clock? While this may be allowed for exempt employees without having to worry about timekeeping and overtime, it still often creates a cultural problem.

In fast-paced environments where employees are expected to respond constantly, with no predictable personal time, the employer will experience employee burnout, retention issues, and a general lack of loyalty from employees, especially when they find higher-paying opportunities. Staff may also become cynical and fail to form bonds with their coworkers, expecting that everyone eventually leaves that type of environment.

If this is the culture in your workplace, it is important to assess whether the nature of your business or the nature of the position truly requires around-the-clock work. Maybe this is true of higher-level executives responsible for running national companies, but for most positions, there are opportunities to create win-win boundaries. Consider whether you are able to create general guidelines for management about when it is appropriate to contact employees, or what types of issues take priority outside of business hours. You may also find that managers' expectations of employee communication outside of work vary greatly, so it may be important to have your leaders first reach a consensus on communication during "non-work" hours, as well as expected employee response times.

Where Do You Land on Benefit Offerings and Wellness?

For employees in high-demand positions, it is crucial to consider how time for rejuvenation and personal endeavors is provided, so they can give you their 100% at work. Some ideas include:

• Offering holidays, vacation, or paid time off
• Including a personal leave of absence policy
• Flexible schedules or alternative workweeks
• Offering an Employee Assistance Program
• Allowing for remote and/or hybrid work
• Providing a stipend for wellness (e.g., gym membership, art classes, pet supplies)

When you do provide benefits, make sure employees understand the full value. You may consider providing the employee a benefits summary, which breaks down the monetary cost of health benefits, vacation, etc.

Want additional tips? Reach out to your CEA team at 800.399.5331 or email [email protected]!

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