Right to disconnect laws are catching on throughout Europe, but how does it affect your small business in the United States? Read our expert take below on the right to disconnect.
Understanding the Right to Disconnect: A Comprehensive Guide
Key Takeaways
- The right to disconnect allows employees to remove themselves from work after hours.
- There are currently NO federal laws that give employees the right to disconnect in the United States.
- Australia has just signed a right to disconnect law effective for employers with 15 or more employees.
- Disconnecting outside of working hours can increase employee satisfaction and lead to a greater work-life balance.
What is the Right to Disconnect?
The right to disconnect simply means that an employee is not obligated to perform any work-related tasks outside of their regular working hours. It’s intended to protect those employees who choose not to or refuse to respond to emails, phone calls, or requests when they are not working.
The idea became popular among remote and hybrid workers that work from home all or some of the time and found it hard to disconnect from their jobs—checking emails and responding to requests after hours. The right to disconnect is a way to encourage and increase a healthy work-life balance.
While this is not a law in the United States, it is a law in Australia and other countries. The law isn’t exclusive to employers; it can relate to clients, suppliers, and members of the public. Where laws are in place, employees can refuse to respond outside of working hours and not be penalized or fired.
Current Right to Disconnect Laws
Expert Take: Will the US Follow Suit?
California set the standard for employee protections with its right to disconnect bill; however, in May of 2024, the bill was put on hold. While that might be the case, this doesn’t mean that allowing employees to disconnect outside of work won’t catch on.
Although it’s not a law in the US yet, I recommend getting ahead of the curve by implementing a right to disconnect policy. It’s clear that employees want a separation of their work and outside life. With that in mind, companies should implement policies—whether a law gets implemented or not—that help keep the two separate, such as flexible schedules and unlimited PTO. These allow employees to rest and recharge when needed.
Staff Writer / Human Resources Expert at Fit Small Business
What Would Right to Disconnect Laws Mean For Small Businesses?
First and foremost, what it means for your small business is that you will be expected to value your employees’ personal time and allow them to disconnect from work during non-working hours. Except in extreme cases, like emergencies, on-call positions, or the executives of a startup company, employers should not expect their employees to be available 24/7.
You also need to think about the definition of a true emergency. A water leak in the office? That’s an emergency for the plumber, not the sales manager. An overseas client that is having issues sending a wire transfer in the evening? That’s an emergency for the accountant, not a marketing manager.
Also, as the business owner, just because you are working all hours of the day and night does not mean that your employees should be expected to respond to your emails or instant messages immediately. I recommend setting a work schedule and not bothering your employees outside of that timeframe, especially on the weekends.
If you just can’t live without someone to talk to outside of normal working hours, consider a flexible (or split) schedule for your employees. Some workers can be in the office (or available remotely) from 8 a.m. until 5 p.m., while others may be available from 10 a.m. until 7 p.m., or 12 p.m. until 9 p.m., and so on.
A right to disconnect law would make bothering your employees outside of working hours illegal. It could result in lawsuits and fines imposed.
How to Prepare
Although the right to disconnect law isn’t something you have to abide by right now, there is a possibility it could become a reality sometime in the future. For that reason, and to increase employee satisfaction, I recommend putting measures in place to prepare.
- Evaluate roles and responsibilities to determine eligibility.
- Establish clear guidelines for when communication outside of work hours is acceptable.
- Update employment contracts to define communication expectations.
- Educate managers and employees on contact procedures.
- Allow employee feedback to address concerns.
Impact of Right to Disconnect For Employees
The right to disconnect has been shown to improve employee mental health, reduce overall stress, and boost productivity. Additionally, employees who disconnect after work are more likely to return to work refreshed and be more consistent in their attendance.
Increases Work-life Balance
Disconnecting after work allows employees to set boundaries between their personal lives and work. This gives them a growing sense of work-life balance. It lets them focus on their families, their hobbies, and other interests outside of work.
With the growing desire for more separation between work and off hours, especially for the newest generation to the workforce (Gen Z), you have a tool at your disposal to attract and retain top talent. In fact, a Deloitte 2024 Gen Z and Millennial study shows that good work-life balance is the top reason Gen Z (25%) and Millennials (31%) choose an employer.
Prevents Burnout
Employee burnout should be a major concern for your small business. A 2024 Employee Burnout Report by MyPerfectResume shows that 1 in 5 workers thinks about quitting their jobs daily due to workplace stress. A right to disconnect policy will help to ensure your employees aren’t working too many hours.
Aside from having to work outside of normal working hours, there are many other reasons employees get burned out, such as over-scheduling, heavy workload, and lack of skills and experience. However, you can prevent employee burnout by promoting work-life balance, providing work-from-home options, and even prioritizing employee wellness.
Did You Know? Gen Z workers experience the most burnout of any other generation at around 85%. These and other employee burnout statistics can give you insight on the causes of employee stress and frustration.
Decreases Absenteeism
When employees have ample time to disconnect from work, they are less likely to be absent. While some absenteeism is not related to employee burnout—because of parental obligations, sickness, or other factors—oftentimes, it is a direct result of working too much. By allowing your employees to completely disconnect after work, you give them the chance to recharge and be ready to start the next day with a clear mind.
While having an employee attendance policy in place will set clear expectations for employees and what happens when they miss work, making sure they have a healthy work-life balance can alleviate some of those issues.
Enhances Workplace Productivity
Employees who decompress from work and actively engage in their personal lives tend to have increased productivity when they are working. This may be because of several reasons:
- They are well-rested and ready to work every day,
- They know they have only the hours of their workday to complete tasks, and
- They don’t spend their workday thinking about what they need to do at home.
This is also true for those who take sufficient breaks and a lunch period during working hours. Some states require you to provide rest and lunch breaks, such as California, which requires employers to provide a 30-minute break to employees who work a minimum of five hours.
Improves Employee Satisfaction
Employees are more satisfied with their work when allowed to take a break from it. It helps to reset the mind and increase creativity—and therefore increases engagement.
Managers need to be reminded that, barring actual emergencies, employees should not be bothered outside of work. A Headspace survey found 42% of employees said their managers did not respect working hour boundaries. Training your managers with people management skills can help them better respect others, manage their own time, build strong teams, and quickly resolve conflicts.
Learn more about the strategies and tools to improve employee experience.
Not Right For Every Business
Not all companies have the freedom to allow their employees to completely disconnect. For example, in the healthcare industry, doctors and nurses are generally on-call when not scheduled to work. This allows them to be called back into work when emergencies arise. Additionally, a new startup company with only two employees would not have the ability to set working and non-working hours.
Exclusions do apply to the law in extreme cases, such as emergencies and last-minute schedule changes, pre-agreed arrangements, critical business needs, and unreasonable refusal.
Right to Disconnect Best Practices
Whether you have a policy in place or you just want to value your employees’ personal time, there are a few best practices for implementing right to disconnect practices in your small business.
Set Boundaries
Some employees find it difficult to disconnect from work, especially with remote workers who have access to their computers 24/7. This can lead to unwanted requests outside of working hours. Managers who may have a larger workload and deadlines to meet may be your biggest culprits.
For these situations, and especially if your workforce is fully remote, I suggest setting boundaries for your managers. Let them know not to bother other workers outside of working hours. I also recommend putting in place consequences for those that consistently break this rule, such as a written warning.
Offer Flexibility
A flexible schedule is one where employees can work when it is best for them, as long as they put in their hours. For example, a working parent may want to have mornings off to care for their children before school. Another employee may wake early and want to go ahead and start working so they can end their day earlier. A flexible schedule allows for both of these scenarios.
A flexible schedule also allows employees to take time off during the day for things like doctor’s appointments, dropping off and picking up from school, and other needs. They are free to take the time off and make up the hours later in the day or week.
Expert Take: A blanket right to disconnect law could have an impact on flexibility. If the law sets working hours (e.g., 9 am to 5 pm) with the disconnect times outside of those hours, it could reduce the ability to work a flexible schedule. However, the law, like Australia’s right to disconnect law, will likely set rules based on the employee’s role and level of responsibility.
Staff Writer / Human Resources Expert at Fit Small Business
Enhance Your Time Off Policy
Companies that offer a flexible or unlimited paid time off policy give their employees the chance to disconnect from work anytime they need to, without a limit on the number of days they can use. These types of policies help decrease burnout because when employees need a break, they are free to take one without consequence.
You may need to put rules in place for a policy like this so that work is covered during peak times. For example, you may have meetings where all employees are required to attend and time off will not be approved. Or, you may have peak times or seasons in your company where having a lighter staff will be detrimental to your business. As long as it’s reasonable, your employees will enjoy the freedom of taking off when they desire.
Avoid Retaliation
Picture this: you are working late and you have a question you want answered right away. You reach out to one of your employees, who never responds and leaves you stranded and unable to complete the project you are working on. As the boss, this may make you angry and want to punish the employee.
It may be okay to ask the question outside of working hours, but be sure to let the employee know they are free to answer once they return to work. This shows that you value their personal time and only expect them to perform work duties during their regular hours.
Expert Take: Most states in the US have at-will employment, which means an employee may be fired for any reason that is not discriminatory. If you decide to implement a right to disconnect policy, make it clear that although you are an at-will company, you will not retaliate against any employee who exercises their right to disconnect outside of working hours.
Staff Writer / Human Resources Expert at Fit Small Business
Manage Your Policies
Even though it is not a law, you can put a right to disconnect clause in your current employee handbook. This policy should outline what is expected of employees—for example, their expected work hours—and that they have the right to ignore any non-essential communication outside of those hours.
Additionally, make sure you clearly express the consequences for violating the right to disconnect clause. For example, if a manager reaches out to an employee for a non-emergency outside of working hours, there should be a disciplinary action in place to help discourage the behavior.
Right to Disconnect Frequently Asked Questions (FAQs)
The right to unplug is another way of stating that employees should be allowed to disconnect from work during non-working hours. This term is often used for remote workers who spend the majority of their workday using a computer.
Absolutely! Nobody should be expected to work 24/7 every day of the week—this is not healthy. However, not all positions will allow for the right to disconnect law, which means no contact after working hours. That is where you, as the employer, would need to find a true balance between work and your employees’ personal lives.
Although there are no formal laws in the US, several other countries do have a right to disconnect law—France, Australia, Italy, and Canada, among others. These laws give employees the right to disconnect from work during off-work hours without any requirement to respond to requests.