Too soft or too tough? This is the question asked by a piece in today’s Wall Street Journal about the problems both employees and employers are having with the FMLA. Workers are being fired or punished for making use of the law. Employers are so paranoid about fraud they are hiring private detectives with hidden cameras to spy on their employees. Barf.
First, we have to say that even though a Results-Only Work Environment challenges the status quo of how we work, we in no way advocate breaking the law. We believe that, in the future, the Department of Labor is going to have to rethink a number of its laws, which were designed for an industrial economy and not a knowledge economy. But for now, everyone has to play by the rules.
In the meantime, both employers and employees need to start having a conversation about what any kind of leave means.
Consider this excerpt:
Mr. Kappelmann, 46 years old, of Coral Springs, Fla., says he was required to get several forms signed by doctors and get them to [his employer] Brown & Brown by a certain date, which he contends he did. But the company, he says, soon fired him and stated in a letter that he wasn’t medically able to perform his job. Prior to his firing, he says, a manager asked, “If you’re not going to be here, who is going to do this work?”
We have a number of stories about people at Best Buy who would have been eligible for leave under the FMLA, but elected instead to work through their medical or family crisis. The reason is that their managers weren’t asking them questions like the one above. Instead they were trusted to do their work on their own terms, whether that was from another state or at “odd” hours. As long as the work got done that was all that mattered.
Yeah, but don’t people take advantage?
We hear this question a lot and it’s understandable. The workplace is a breeding ground of mistrust. But here’s a thought for all those employers who worry about people slacking off:
You can’t fake results.
In a ROWE, people either perform or they don’t. Once you make this change, it becomes very apparent who is contributing and who isn’t. And once you free people from the confines of the cube farm and the 40-hour week you’ll find that people want to contribute, even when the circumstances of their life might say otherwise.