Understanding the ‘Right to Disconnect’ and Its Impact on Allied Health Practices

With the introduction of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023, the ‘Right to Disconnect’ has officially become part of Australian employment legislation. As of August 26, 2023, businesses with more than 15 employees are required to comply, and small businesses (with fewer than 15 employees) must comply by August 2025.

For allied health practices, which often operate outside standard business hours, navigating this new requirement can be challenging. This blog will help you understand the key points of the Right to Disconnect and how you can adapt your clinic’s operations to meet the new standards while ensuring continued business efficiency.

What is the ‘Right to Disconnect’?

The Right to Disconnect grants employees the right to refuse work-related communications—such as emails, phone calls, or messages—outside of their regular working hours unless it is unreasonable to do so. This new addition to the Fair Work Act is designed to protect employees’ work-life balance, which has been increasingly blurred by technological advancements and the rise of remote work.

For instance, employees who are not on call or in critical roles are no longer required to respond to communications after hours. This legislation empowers employees to draw boundaries between their work and personal time, improving overall well-being.

How Does the ‘Right to Disconnect’ Impact Allied Health Practices?

Allied health businesses often have unique work schedules. Whether it’s extended trading hours that include weekends or part-time practitioners with flexible hours, running a clinic requires constant communication with staff. For instance, you may have a practice manager working a few days a week, and other casual or part-time employees covering various shifts. While it’s essential to stay connected to ensure smooth clinic operations, the Right to Disconnect now defines when and how that communication can take place.

Some clients have expressed concerns over how this law will affect communication, particularly with casual or part-time staff. What if an employee refuses to respond to an important email about a shift change outside their rostered hours?

The legislation clarifies that employees can refuse to respond to after-hours communications unless it’s unreasonable to do so. For instance, it is considered reasonable to notify casual employees about shift changes outside their work hours. However, ongoing non-urgent communications that fall outside working hours should be approached with caution.

Setting Clear Expectations with Your Team

The key to managing the Right to Disconnect is communication. Here are a few tips to ensure your clinic complies with the new employment legislation while maintaining smooth operations:

1. Define Emergency vs. Routine CommunicationEstablish clear policies for what constitutes urgent communication and what can wait until regular work hours. For instance, casual staff need to be informed of shift changes, but routine matters can be handled during work hours.
2. Train Employees to be Independent Problem SolversIf you have staff members who frequently contact you or the practice manager for minor issues, this is an opportunity to coach them on problem-solving. Encourage them to handle non-urgent matters independently unless it’s a critical situation.
3. Set Boundaries for Non-Urgent CommunicationLet your team know that if they receive a message outside of their working hours, they are not expected to respond immediately unless it’s an emergency. This creates clarity and helps maintain a balance between respecting employee boundaries and ensuring clinic operations are not disrupted.
4. Clarify Communication PreferencesSome employees may still prefer to be contacted outside of their work hours, especially in unique circumstances where their rosters don’t align with others in the team. However, make sure this is occasional and voluntary, not a regular expectation.

The primary goal of this legislation is to protect employees from unnecessary work-related stress. Respecting their right to disconnect will not only ensure compliance but also contribute to a positive work environment and better employee retention.

Make you that you and your team understand when it’s reasonable to communicate with staff outside of work hours and how to handle any disputes that may arise.

If you’re concerned about how the Right to Disconnect could impact your business or need help updating your employment policies, feel free to reach out.

Our team specializes in employment legislation for allied health businesses and can assist you with setting up a framework that works for both your clinic and your employees.