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Unplugged culture: Will employers allow workers to be disconnected?

Getting unplugged from work is a luxury not everyone can afford, but in law and in deed, disconnectedness is trending upward.

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If you feel like you’re never really not working, then a newly proposed bill in New York City might have captured your attention.

Introduced on March 22, the proposed “right-to-disconnect” bill comes on the heels of a similar effort implemented in France earlier this year.

At its core, New York’s right-to-disconnect bill would ban employers from requiring workers to respond to electronic communication outside of traditional work hours. If passed, the bill would impose fines on companies that violate the rule.

It’s a rather drastic measure in the larger effort to provide workers with a better work-life balance, and local HR and leadership coaching experts say it’s not only a step too far, it also faces an uphill climb to be effective in the U.S.

Coreyne Woodman-Holoubek, co-founder and chief human resources officer of Contracted Leadership, says she wasn’t shocked when France initiated its law, but she was surprised, excited, and then skeptical when New York City so quickly picked up on the right-to-disconnect concept.

“France and the European Union have been, overall, ahead of the curve on people rights laws regarding time away from work, business best practices when it comes to work wellness, and the resulting positive connection with productivity,” explains Woodman-Holoubek. France was the among the first countries in Western Europe to institute the less-than-40-hour work week, she notes, and the country has led the European Union in policy for around 20 years in regard to people wellness and rest-from-work periods. On average, the French receive 30 days of paid vacation and 14 weeks of full-pay maternity leave, according to Woodman-Holoubek.

“My enthusiasm for France changed when I learned that the right to disconnect was part of a larger labor reform that reversed the positive momentum that was building for France’s working population,” says Woodman-Holoubek.

Woodman-Holoubek’s skepticism about the New York City proposal comes from the fact that she says the U.S. has not adopted other employee wellness and best practices from Europe in terms of social benefits.

“The U.S. is not competitive with other industrialized countries in terms of taking care of its workers,” notes Woodman-Holoubek. “The U.S. is close to last in industrialized nations on provisions of parental and family paid leave, reduced-hour work week, and extended vacation and sick time. I also wonder why, and have not made a connection yet, New York is proposing that the law be applicable to companies with over 10 employees, while the French model proposes the law for companies over 50 employees. A few New Yorkers I spoke to reference that there are a large number of ‘Kickstarter businesses’ in the state, and that could be the possible reasoning behind the 10 and over requirement.”

In addition, says Woodman-Holoubek, the French law requires that businesses must “negotiate with employees and unions and agree on a policy to reduce the intrusions of employers into personal time,” but she hasn’t seen this wording being used for New York City’s proposed bill.

Also included in the New York City proposal is an exemption for government employees. “We assume that’s because government employees must be ‘on’ in case of emergency, for our security and safety,” explains Woodman-Holoubek. “However, this has brought criticism for the law — namely that if the government deems it so important for our society, then why are they exempt? Why are they not modeling the way?”

Ultimately, Woodman-Holoubek believes a right-to-disconnect law is counterintuitive to how our society is evolving. “We are relying more and more on technology for our entertainment. Are we actually unplugging at all? Technology offers us flexibility and ease of communication, allowing us more time to focus on other aspects of our interests and talents.

“The social systems of France and the EU are better primed for this labor law because of their ‘open spaces’ for bargaining,” Woodman-Holoubek adds. “Starting this in the U.S. is great in theory, but I wonder if we are not prepared with the [kind of] systems to make the law successful.”

Do workers even want it?

The right to disconnect is complex issue, notes Woodman-Holoubek. On the surface it should be basic human right to disconnect from work, she explains, but that looks different for everyone who “works.”

“For some, taking a two-hour lunch break and then returning to work leaves the perfect amount of rest to be productive; however, they work a longer day,” says Woodman-Holoubek. “For others, they skip lunch to work all the way through and leave early. For me, the inspiration to complete my work comes at different times during the day and the week.”

“[Millennial workers] don’t want ridged boundaries between work and life but do need support navigating what’s most important when, says Laura Gmeinder, founder and president of Laura Gmeinder Coaching & Consulting LLC. “We don’t come into this world knowing how to be productive. Many don’t have the knowledge or skills to fully and effectively manage their work-life balance. Most employees are stressed in the workplace and at home. Stress is an expression of fear — it comes from a mindset that there isn’t enough time and we won’t be able to get everything done. Many people don’t ask for clarification on projects or for help prioritizing work assignments, and many struggle with perfectionism – and it’s getting worse.

“We don’t want anyone to know we are having trouble balancing our workload or that we can’t figure out for ourselves what should be our top priorities,” Gmeinder continues. “What works best for one person may not work the best for others. Businesses are focusing on ways to help employees be more productive and present personally and professionally as an employee benefit. This work-life balance trend will be a competitive advantage for businesses trying to hire and retain employees. It challenges employers to offer more support to employees with their work life balance.”

Some industries and professions are more tied to being “on,” notes Gmeinder. If you’re the social media person and your company gets swept into a Twitter war at midnight, for example, there is a high sense of urgency to respond in real time. “That is the world we live in and those are the consumer expectations. If this is an expectation and shared when someone is being hired, then it’s fair. But companies are in the position to recognize and reward these employees when work cuts into their after-hours activities.”


Apr 10, 2018 03:20 pm
 Posted by  Anonymous

Keep the government out of it. That's the last thing we need to happen. Owners and executives need to lead the discussion with their employees as part of company and performance expectations, and be transparent on the need and their decision. The list of regulation and organization policy is far to long, and is primarily focused on the 15 - 20% who push back on anything. Let's focus on the people who are thriving and growing in our culture, who represent the majority.

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