Can We Disconnect?
I first heard about the proposed law in California from a person I follow on TikTok about HR things. I know there is a similar law in parts of Europe and I always found that (and other worker friendly laws there) fascinating, in a jealous way. Here is a USAToday article about it https://www.usatoday.com/story/news/nation/2024/04/02/right-to-disconnect-bill-california/73175821007/
I don't need to cite the many ways in which our European counterparts do a better job in employee benefits. I think that the letter of the law sounds nice but the spirit is likely hard to enforce from a couple of perspectives that I'm not an expert in. I think it is rife for abuse on both sides. What I did want to share were my thoughts on the bigger picture and I think there are two big issues in play.
As for issue #1, I remember when you couldn't have email on your phone. The technology didn't exist. I distinctly remember getting my first Blackberry for work. Let me tell you, making sure that red light wasn't blinking caused all sorts of mental anguish to me. Although I've gotten much better about ignore after hours and vacation emails, I am still working on my need to respond immediately. I do think the pandemic has caused us to drastically "over-crisis" work things. With small exceptions, little of my work in higher education has lives on the line. Everything can wait until business hours. If a building is on fire, you definitely shouldn't call me. If the emails late at night or on the weekend can't wait now, I have little faith that a law would change that behavior. But, you say, you don't need to read and respond. You know they aren't asking for an immediate response. Yes, I do know that. So, some of this is on me and my internal monologue. I would like to see us do a reset on what constitutes a crisis. If you can wait to find out your answer until the next morning then you can wait to send the email the next morning. And let's be honest, you know who you are.
As for issue #2, I don't have any glib answers to how to help American workers use their leave, set boundaries or generally dial it all back. We need to figure it out and I place blame on the Puritans. I know it's been a struggle for me to draw those lines and value my own mental/physical/emotional well-being over being at work. (And don't get me started on how I feel about WFH now. ) There were times at a former job where I had to intentional plan leave to stay under the cap to not lose it. I hoarded leave like a forest animal. And what did working all the time, taking little leave, and being extra responsive to everyone get me? Exhaustion. I've gotten better. Next week, my husband and I are heading out to the Bourbon Trail in KY to celebrate my BIL's milestone birthday. I will not be checking email.
What should leaders do now? We have to start modeling the good boundary making behavior. That means not sending the emails late a night. It means really disconnecting when you take vacation. Sure, you can say "do as I say, not as I do" but there is absolutely an unstated expectation, even if you don't mean it. Maybe it means, banning work emails and teams/slack on your personal phones. Or if you need that (and some roles likely do) pay for a separate device or plan. And if you do have employees going above and beyond, as appropriate, make sure you reward that with time away or more flexibility or a "hey, go home early".