hrsimple.com - HR Forms & Policies

Back to school time is here!

shannon — Mon, 25 Aug 2014 04:40:06 +0000

Every August millions of students return to school from summer vacation. While it may not seem that relevant to the 9 to 5 workforce, the school year can impact employers in several ways, from internships to continuing education benefits Here are a few things to look out for as school gets back in session.

Ending internships

The internship should be for a set amount of time, established prior to the start of the internship. Further, unpaid internships should not be used by the employer as a trial period for individuals seeking employment at the conclusion of the internship. If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, the court will consider that individual to be an employee under the FLSA.

Student learners

Individuals who qualify as student learners are not prohibited from working in certain occupations which are otherwise restricted to them by virtue of their age. To qualify, the individual must meet the following criteria:

16 to 18 years of age
enrolled in a youth vocation training program under a recognized state or local educational authority
employed under a written agreement which contains the name of the student learner, and is signed by the employer, school coordinator, principal and parent or legal guardian. The agreement must provide that:
- the work in the occupation declared particularly hazardous will be incidental to the training
- the work will be intermittent and for short periods of time and under the direct and close supervision of a qualified and experienced person
- that safety instruction will be given by the school and correlated by the employer with on-the-job training
- a schedule of organized and progressive work processes to be performed on the job will be prepared.

Only certain occupations, otherwise prohibited for individuals under age 18, are permitted under this exception for student learners.

Continuing education benefits

Some employers provide educational assistance to employees for certain education expenses incurred by its employees on a tax-advantaged basis.

Qualifying expenses include:

tuition
fees
supplies
books
equipment.

Qualifying expenses generally do not include:

education related to hobbies
games
sports.

Undergraduate and graduate degree courses may qualify.

Employers are not obligated to reimburse employees for continuing education programs. Many employers choose to do so, however, because they believe such programs benefit the company by encouraging employees to become better educated in their respective fields of specialization and thereby improving company productivity.

If an employer elects to have a tuition reimbursement program, its terms should be in writing and contain the requirements for receiving reimbursement. To provide the employee funds for educational purposes in advance, the employer may wish to utilize a loan document and wage assignment to authorize payroll deduction in the event the employee terminates employment prior to completing the course or otherwise fails to complete or pass the course. It also should be noted that employees generally must be compensated for time spent attending mandatory on‑the‑job training programs or seminars.

SAMPLE POLICY

As a full‑time employee of ABC Company, you may qualify for tuition reimbursement. The Company will reimburse you fully for tuition, fees, and books for courses taken that are directly related to improvement of relevant job skills with the Company. This policy also covers all courses taken to fulfill the requirements of a degree program approved by your manager. All reimbursements are subject to the approval of your supervisor or manager and the Human Resources Manager.

All tuition reimbursements must be requested in writing and approved prior to beginning the course. Reimbursement may be subject to taxes. To qualify for reimbursement, you must receive a passing grade and you must be an employee in good standing at the time of reimbursement. Courses must be taken at times other than during scheduled working hours. Proof of passing grade or certificate of satisfactory course completion and receipts for tuition, fees, and books must be turned in to the Human Resources Department in order to receive your reimbursement.

Parental leave

During the last decade, there has been an increased interest in promoting flexibility for employees with caregiver responsibilities, including parents of school-aged children. Federal lawmakers have proposed amending the Family and Medical Leave Act (FMLA) to allow employees to take unpaid leave to participate in their children's school-related and educational activities. These activities might include parent-teacher conferences, class parties, volunteer activities, assemblies, sporting events, and other extracurricular activities. Currently, there is no obligation under either federal law to offer employees parental leave. If the employer elects to offer paid or unpaid parental leave, a policy should be spelled out in clear and detailed terms so that employees understand the nature and limitations of the benefit.

Some employers choose not to offer parental leave because it is a benefit that is not available to all employees and because parental leave can be difficult to define and limit. Alternatively, if an employer does not want to offer separate parental leave, the employer’s policies concerning personal days or paid time off (PTO) (discussed above) could provide that such leave can be used at the employee’s discretion for activities such as parent-teacher conferences or other school events.

SAMPLE POLICY

ABC Company recognizes that many of its employees must balance work requirements with parental responsibilities. For this reason, the Company provides unpaid parental leave to full‑time employees who are the parent, guardian, or foster parent of a child (or children) who is attending school or licensed daycare and is under age 18. Parental leave may be used only for the employee’s attendance of conferences or classroom activities that cannot be scheduled during the employee’s non-work hours.

Eligible employees may take up to 10 hours of unpaid parental leave per child during any calendar year. An employee may substitute accrued paid vacation leave or other appropriate paid leave for unpaid parental leave. Parental leave must be requested at least one week in advance and approved by Human Resources and the employee’s supervisor. Employees using unpaid parental leave may be required to provide written documentation of their attendance of a conference or classroom activity.

Vacation policies and time off

shannon — Mon, 18 Aug 2014 20:07:05 +0000

Not all employers provide employees with vacation time, but for those who do it is wise to have a clear, well-enforced policy in place to prevent confusion and help employees understand what steps need to be followed in order to use their time off. If employers decide to to provide time off they need to make sure to do so in a uniform manner and apply the same regulations to each employee. Written vacation policies are the easiest way to communicate the requirements for taking time away from the office and to express in no uncertain terms what the employees responsibilities are for their time spent away, i.e., if they need to find a replacement for their duties or schedule their time in a certain manner.

Eligibility for vacation

Employers are not required to offer vacation time. However, for those that do, a good start to any vacation policy is to define which employees are eligible for vacation. For example: do full-time and part-time employees receive vacation days? Do employees need to be employed for a certain amount of months before they receive days?

Accrual of vacation

After defining who is eligible for vacation time, the next step is to outline how a vacation is earned. A policy could provide that vacation accrues on the anniversary date of the employee’s hire or that three vacation hours accrue per pay period.

If accrual varies for different types of employees, the policy should clearly explain the different rates. For example, full-time employees might receive three vacation hours per pay period, whereas part-time employees might receive only two vacation hours per pay period.

When writing a policy, the employer should keep in mind that accruing vacation days is not the same as earning vacation pay. For instance, a particular policy might allow for accrual of 40 hours of vacation pay, but also provide that unused vacation hours will not be paid upon termination.

Taking vacation

After the “who” and the “how” of earning vacations has been explained, a policy should cover by what method vacation time is to be cashed in. A vacation policy may place limitations on when employees can take vacation and may require advance notice and employer approval. For instance, a vacation policy might require employees to take vacation during the annual plant shutdown or only with four weeks’ advance notice.

Sample policies

The first policy below is a general use policy that can be easily adapted to address most offices. Also included is a policy based on a maximum accrual, and a policy based on annual accrual.

SAMPLE POLICY

It is the policy of ABC Company to provide each full-time employee with vacation time on a periodic basis. The amount of vacation to which an employee becomes entitled is determined by the employee’s length of service as of his or her employment anniversary date. For full-time employees, vacation accrues as follows:

1. At the end of the first year of service, one week, or 40 hours, of vacation.

2. Two years or more but less than five years of service, two weeks, or 80 hours, of vacation per year.

3. Five years or more but less than 10 years of service, three weeks, or 120 hours, of vacation per year.

4. Ten years or more of service, four weeks, or 160 hours, of vacation per year.

Regular part-time employees earn vacation on their employment anniversary date in the proportion that their normally scheduled number of hours bears to 40 per week. For example, a regular, part-time employee who usually works 20 hours per week would earn 20 hours of vacation upon completing his or her first year of service.

Vacation does not accrue between employment anniversary dates and may not be taken until it is earned. Vacation time must be used in the anniversary year after which it is earned and may not be carried over past the employee’s next anniversary date. For example, an employee with two weeks’ vacation as of his or her third anniversary date must use the two weeks prior to his or her fourth anniversary date. If an employee fails to take his or her earned vacation time before the employee’s anniversary date in violation of this policy, the employee will not earn any further vacation until that unused vacation has been taken.

Earned vacation must be taken. Employees are not entitled to pay in lieu of taking time off for vacation.

VACATION POLICY (maximum accrual)

Our “vacation year” is based upon [anniversary/calendar] year. This means that your vacation year begins on [the date you started work with our Company and runs until the day before that date in the next calendar year[ OR [January 1 and ends on December 31 of each year].

Full-time employees accrue vacation at the rate set forth in the following schedule:

Years of Service

Vacation Hours Accrued Per Pay Period

Rate of Accrual

0 through __

___

__ days per year

__ through __

___

__ days per year

[etc.]

___

__ days per year

The maximum amount of vacation hours you accrue is determined by your rate of accrual. Once that maximum is reached, further accruals will cease until the vacation hours are taken and fall below the maximum allowed. You will not accrue vacation during unpaid leaves of absence.

[In an effort to accommodate the desires of our employees who would like to take their vacations early in the year, employees will be permitted to “borrow” against the vacation they expect to accrue over the course of a vacation year. You should understand, however, that if your employment with our Company is terminated for any reason prior to the time that you have accumulated the number of vacation days taken during the vacation year, you will be responsible for reimbursing our Company for the amount of used but unaccrued vacation. At the time you “borrow” against the unaccrued vacation, you will be expected to execute a written authorization that would allow the Company to deduct the amount of used but unaccrued vacation from your final paycheck, should that be necessary.] OR [Employees may only use accrued vacation. You may not “borrow” against unaccrued vacation.]

[Accrued but unused vacation time may be carried over from vacation year to vacation year up to a maximum of ___ days.] OR [Accrued but unused vacation time may not be carried over from year to year.]

Please notify your supervisor as far in advance as possible of the time you wish to take your vacation. Requests for scheduled vacation must be submitted in writing. Requests for unscheduled vacation must comply with the Company’s call-in procedures, as set forth in the Attendance Policy. To ensure that our Company’s staffing and operational needs are met at all times, the Company reserves the right to grant vacation requests at its discretion. Even if approved, requests for unscheduled vacation may not necessarily be excused for purposes of the Attendance Policy.

You will/will not be paid for all unused, accrued vacation upon termination of employment.

VACATION POLICY (annual accrual)

All regular full-time employees are eligible to accrue up to __ paid vacation days during the first year of employment. These paid vacation days are accrued on a pro rata basis – that is, you will accumulate one paid vacation day for each ___ months of uninterrupted service. After that, you will accumulate vacation according to the following schedule:

a. __ days per year [___ days per month] of service for the __ through ___ years of continuous employment.

b. __ days per year [___ days per month] of service for the __ through ___ years of continuous employment.

c. [Etc.]

You will not accrue vacation during unpaid leaves of absence.

[In an effort to accommodate the desires of our employees who would like to take their vacations early in the year, employees will be permitted to “borrow” against the vacation they expect to accrue over the course of a vacation year. You should understand, however, that if your employment with our Company is terminated for any reason prior to the time that you have accumulated the number of vacation days taken during the vacation year, you will be responsible for reimbursing our Company for the amount of used but unaccrued vacation. At the time you “borrow” against the unaccrued vacation, you will be expected to execute a written authorization that would allow the Company to deduct the amount of used but unaccrued vacation from your final paycheck, should that be necessary.] OR [Employees may only use accrued PTO. You may not “borrow” against unaccrued PTO.]

You will/will not be paid for all unused, accrued vacation upon termination of employment.

Looking for more details about employee time off?

For more information on vacation time and other attendance concerns, check out A Guide to FMLA and ADA as well as your state-specific handbook. We also recommend signing up for our weekly, light-hearted employment law newsletter, the HR Update. Click here to sign up.

Attendance policies

shannon — Thu, 03 Jul 2014 19:19:09 +0000

Needless to say, a company can’t operate (let alone succeed) if the employees aren’t showing up to work. But how do you ensure that your workforce will consistently report for duty? One good step is having a clear attendance policy. Communicating clearly about what are acceptable reasons to miss work, how these requests should be made, and what does not qualify as an excusable absence can prevent a lot of confusion and make employees more accountable. The key to communicating these guidelines is a well-written and enforced “No-Fault Attendance” policy. This kind of policy may even boost employee morale by minimizing resentment on the part of some employees toward coworkers who suffer no consequences for being chronically absent.

Here is a deeper look at what such a policy should cover.

General tone

An attendance policy should be strict enough to allow the employer to discipline those employees whose absences cause problems, yet flexible enough that the employer does not have to terminate good employees who are absent infrequently.

Multiple policies

It is also acceptable to have different policies for different departments, as the needs for the staff to be present on a daily basis and shift lengths may differ.

Morale

Rewarding employees for good attendance is good for employee morale and ultimately may improve overall attendance.

Interaction with unemployment compensation

A reasonable and enforced policy is a good defense against unemployment compensation claims if an employer can prove that the employee failed to abide by the published attendance policy. Such a policy is a good defense to an unemployment compensation claim by an employee terminated for excessive absenteeism as it allows the employer to show that the employee violated the uniformly enforced policy and was discharged for doing so. Again, to be effective, the policy must be reasonable, uniformly enforced, and in writing.

Disabilities and attendance

In addition, a well-written and uniformly enforced attendance policy may avoid liability under the ADA to job applicants or employees whose disabilities prevent regular and consistent attendance. The employer’s reasonable attendance standards may be deemed an essential function of the job, which may not have to be relaxed as part of a reasonable accommodation if attendance is required to perform the position and the attendance standards are spelled out in advance and uniformly and consistently applied.

Family and medical leave absences

The Family and Medical Leave Act (FMLA) has made enforcing absentee policies more difficult for larger employers by prohibiting covered employers from disciplining or discharging an eligible employee for an absence caused by a protected reason, including a serious health condition of the employee or a member of his or her family. The FMLA does impose certain requirements upon employees with respect to eligibility for leave – including notice to the employer and medical certification, and employers should be mindful of enforcing attendance policies in situations that involve FMLA leave.

Below is an example of an attendance policy that uses a point system for employee absences that you can customize to fit your needs.

Sample attendance policy

You are hired to perform an important function at ABC Company. As with any group effort, it takes cooperation and commitment from everyone to operate effectively.

Therefore, your attendance and punctuality are very important. Absences cause a slow-down in the work and added burdens for your fellow employees. Good attendance is something that is expected from all employees. You should be at your work station by the start of each workday at the time designated by the department. Excessive absenteeism or tardiness will not be tolerated and will be cause for disciplinary action up to and including discharge.

We do realize, however, that there are times when absences and tardiness cannot be avoided. This is why we have a no-fault system that allows you to accumulate some points before any disciplinary action will be taken against you. It is expected that everyone will accumulate some points under this system. It is only when points become excessive, and warnings are issued, that an employee need be concerned about his or her attendance practices.

Regardless of the reason for your absence, you are expected to properly notify your supervisor on duty at least one hour in advance of your scheduled work time. Leaving a message does not qualify as notifying your supervisor. You must personally contact your supervisor. Lack of a telephone or absence from town is not an excuse for failing to notify your supervisor of absence or tardiness. You should call every day that you are absent unless you are on an approved leave of absence. Unreported and unexcused absences of two consecutive work days will be considered a voluntary resignation of employment with the Company.

Each employee’s absenteeism and tardiness records are kept on file with the Human Resources Department. The absenteeism and tardiness records are kept on a point system basis. Depending upon the nature of the absence, a certain number of points are accumulated by an employee on his or her absence record. When an employee reaches various point totals, certain notice and disciplinary actions will be taken. An employee may receive a written notice, a written warning, a final written warning, or may be discharged depending upon the number of points he or she accumulates.

The point system is based upon the progressive past 12 calendar months. Any employee who accumulates 24 or more points in a 12 calendar month period under this system will be discharged. On the first day of each calendar month, points accumulated during that same month one year prior will be removed from the employee’s record for purposes of this policy.

If an employee accumulates only three points or less during any progressive 12 calendar month period, he or she will receive one day off with pay. Upon earning a day off with pay, the employee will begin a new 12-month period for purposes of earning another day off under this program. Absences from work will accumulate points in the following manner:

If your absence is due to illness or injury, you may be required to provide a doctor’s report supporting the necessity of your absence, as well as your ability to return to your work, within 15 calendar days after the absence or tardiness. If your absence is the result of personal emergency other than illness or injury, documentation supporting your absence may be required.

No Points

1. Off work due to a work-related injury with medical verification that the employee is unable to work.

2. Off work due to jury duty, military leave, medical leave, FMLA leave, lack of work, subpoenas, or any other absence expressly authorized by the Company, the terms of Company policy, or the law.

3. Off work because of adverse weather conditions resulting in the closing of schools and/or roads in this or the surrounding counties by the local authorities.

4. Off work due to an accident in which you are involved coming to work and which you can verify through police records or other satisfactory evidence. Car trouble is not excused.

One-half (1/2) Point

1. Leaving work early because of a proven emergency.

One (1) Point

1. Late to work by 18 minutes or less for any reason not excused above.

2. Leaving work two hours or less before the end of your scheduled work time for any reason not excused above after notifying your supervisor.

Two (2) Points

1. Late to work by more than 18 minutes for any reason not excused above.

2. Leaving work more than two hours before the end of your scheduled workweek for any reason not excused above after notifying your supervisor.

Three (3) Points

1. Absence for any reason not excused above with proper call-in.

Twelve (12) Points

1. Absence for any reason not excused above without proper call-in.

The accumulation of the following number of points will result in the following action being taken by the Company:

• 12 Points: A written notice that the employee has accumulated 12 or more points.

• 16 Points: A written warning to the employee.

• 20 Points: A final written warning to the employee.

• 24 Points: The employee will be discharged.

EXAMPLE:

Employee is late on one occasion by 30 minutes, leaves work 1 hour early on another occasion, and has three properly reported absences that are not excused.

2 points + 1 point + 9 points = 12 points = Written Notice

The Company will not notify the employees that through the passage of time they have lost points. However, each time an employee accumulates enough points to trigger a notice or warning, the employee will receive such notice or warning. For example, if an employee accumulates 12 points and receives a written notice of such points and then subsequently drops, through the passage of time, to 10 points, the employee will be reissued a written notice again upon the re-accumulation of 12 points. Employees also may check with the Human Resources Department at any time to determine their point status.

The Company also reserves the right to impose discipline, up to and including discharge, for excessive excused absences or tardiness.

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Breaktimes

shannon — Mon, 30 Jun 2014 19:51:30 +0000

Meal breaks and rest breaks continue to be some of the biggest grey areas in employment. Whether its understanding how much time needs to be provided, what limitations an employer can place on the employee during that time, or timekeeping issues, break time can be a very confusing topic. Here are a few things to keep in mind when dealing with employee breaks.

The basics
Employers covered by the Fair Labor Standards Act (FLSA) should pay employees for all breaks and meal periods under 30 minutes or for any meals when the employee is not completely relieved of his duties.

While this seems very straightforward there are often situations in which employee breaks are interrupted and thus should be paid.

Example:
An employee is given an hour meal period and is permitted to leave the premises, but the employee regularly is required to answer his cell phone to field work-related questions during lunch. The time spent answering/talking on the cell phone is work time. Further, if the phone calls are frequent enough to not give the employee an uninterrupted break, the employer will have to compensate the employee for the entire meal period.

Scheduling the break
Another issue with break times is knowing at what point they are required. About half of the states have laws requiring breaks at certain hour thresholds, for example after five consecutive hours of work. Check your state’s requirement here.

Where the break is taken
One misconception is that if the employee is not allowed to leave the premises the break must be paid. For safety reasons, some employers prohibit staff from coming and going from the office during shifts. As long as the employee is fully relieved of their duties, these breaks do not be to be paid.

Day-long breaks from work

Some states also have laws requiring rest days after employees have worked a certain number of days. Check with your state’s department of labor for more information.

Meal and break time policies

As with all employment law topics, the best way to stay out of trouble is to have a clear policy in place and to enforce it evenly. Below is an example of an hours of work policy you can customize to fit your needs.

Hours of Work policy

Workweek

The workweek is Monday through Sunday. Day (first) shift is from 7:00 a.m. to 3:00 p.m. Evening (second) shift is from 3:00 p.m. to 11:00 p.m. Night (third) shift is from 11:00 p.m. to 7:00 a.m.

Wash-up Periods

A non-exempt employee will receive a paid wash-up period of five minutes immediately before his or her lunch and a paid washup period of five minutes immediately before the end of his or her shift.

Break Periods

A non-exempt employee will receive a paid break period of 10 minutes in the first four hours of a shift lasting at least four hours and a paid break period of 10 minutes in the second four hours of a shift lasting at least eight hours. The Company will continue its practice of offering an unpaid supper period when extended overtime is worked into late evening hours.

Meal Periods

A non-exempt employee will receive an unpaid meal period of 30 minutes during a shift lasting more than four hours. The timing of the meal period for each employee shall be solely at the discretion of the employee’s supervisor. No work may be performed during the meal period. If you do perform work during a meal period, you must inform your supervisor immediately, and your timecard must reflect that you worked during the meal period.

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Employment at-will

shannon — Mon, 23 Jun 2014 17:29:56 +0000

When people speak of the employment relationship being employment at-will, that means that the contract between the employer and the employee provides that the employee may resign at any time, for any reason, and the employer may terminate the employee at any time, for any lawful reason. At-will employment is for an indefinite duration and may be terminated by either the employee or the employer, at any time, with or without notice, with or without cause, for any reason that is not prohibited by law.

Generally, employment is at-will, but establishing and maintaining employment at-will policies can help by discouraging employees and plaintiffs’ attorneys from bringing breach of contract employment claims, reducing the likelihood that the employer will be sued.

Preserving at-will status

There are a few things employers can do to maintain the employment at-will relationship, which can protect them from litigation.

Require an employment application
Some companies have gotten away from requiring application forms and, instead, rely on resumes and letters of interest. While these documents may provide helpful information to the company, they should not be accepted in lieu of a completed application form. Among other things, applications, when properly drafted, assist the company in preserving its status as an at-will employer by requiring the candidate to acknowledge in writing that all employment with the company is at-will. Including a phrase like the one below at the end of the application can give an employer protection from wrongful termination claims:
“I understand that, if hired, my employment will be strictly at will. That means that my employment is for an indefinite period and that the company or I may terminate the employment at any time, for any or no reason, with or without notice or intermediate steps. I further understand that no verbal statements or statements in any company policy or procedure manual, employee handbook, or other document shall be construed to have altered the at-will nature of my employment. No company manager or representative shall be authorized to make any representations to the contrary.”
Offer letter disclaimer
To avoid the risk of the offer letter jeopardizing the at-will nature of the employment relationship, companies should do two things:
- refrain from making any reference to the company’s employee handbook, manuals or employment policies
- and
- include specific at-will disclaimer in the offer letter, such as the following:
  - “As you may know, all employment with our company is at-will, which means that either you or the company will be free, at any time, with or without notice, to terminate the employment relationship, for any or no
Handbook/acknowledgement disclaimers
To minimize the risk of legal liability from employee handbooks or other written policies, employers should include a legally enforceable disclaimer provision in the handbook and acknowledgement form.
Other company documents
A handbook and acknowledgement form disclaimer, even if well-drafted, may not protect the employer if other provisions in the handbook suggest continued employment or termination only for certain occurrences. To minimize this risk, employers should include an at-will disclaimer in documents that could imply continued employment for a definite period or termination only for certain occurrences. Examples include annual bonus or commission plans, disciplinary documentation and performance review plans.

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Interoffice romance

shannon — Mon, 09 Jun 2014 21:08:39 +0000

A recent poll shows that over 40% of Americans have dated a coworker, making the topic of inter-office romance pretty hard to ignore. While you may be glad that your staff is finding happiness, there are several serious issues that can be brought up when employees start dating and employers should be sure to protect themselves.

Protecting against harassment

One of the biggest concerns with inter-office relationships is harassment. Employers should have a clear anti-harassment policy in place that outlines what behavior is acceptable and unacceptable. Such policies should clearly state that employees are safe from retaliation if they come forth with any harassment claims.

Non-fraternization policies
One option for employers is to completely prohibit relationships at work in order to reduce the risk of sexual harassment and related claims by instituting a "non-fraternization" policy. However, these policies can have negative effects as well. Most likely employees will continue to have relationships and employers won’t have the opportunity to lessen the possible negative results. Also such a strict policy is bad for employee morale as it makes the employer seem overbearing.

Subordinates and managers
Office romances are also problematic when an employee in a position of power dates a subordinate. If the relationship sours, allegations of retaliation or harassment could be made. Even if the relationship goes well, other employees may say the supervisor is showing favoritism. Employers should consider a policy against such relationships, or one that requires employees to disclose these relationships and sign agreements for solutions for if the relationship becomes problematic (i.e. one employee would be transferred).

Love contracts
A consensual relationship agreement, sometimes called a love contract, is a written document signed by two employees in a consensual relationship acknowledging the relationship is voluntary. These disclosures usually contain a reminder of the company's harassment, discrimination, and retaliation policies, as well as a clear acknowledgment that the relationship is consensual. These forms are a good way for employers to remind employees of their policies and protect themselves from future lawsuits.

Prohibiting inappropriate workplace conduct

No matter your stance on inner-office dating, employers should have policies in place outlawing certain behaviors that can make other employees uncomfortable and lead to harassment charges. Employers should have policies which clearly state:

no overt displays of affection at work, including kissing or hand-holding
work communications systems are to be used for work only – no personal email or voice mail using working time or company equipment
employees must behave professionally and in a business-like manner while at work or all company functions
romantic squabbles should be left outside of the workplace.

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Holidays

shannon — Tue, 27 May 2014 13:33:57 +0000

The summer can bring up several employment issues, including discipline and dress code violations, but one of the biggest issues is just getting employees to show up! With holidays and vacations, warmer summer months often result in lower attendance, which can translate to a loss in productivity. Time off requests also pose a lot of administrative problems, and employers should be sure to enforce a clear policy to ensure fairness.   

Know which days are considered holidays 

The first step in dealing with holidays and time off requests is to identify which days are holidays and if you are required to provide time off for them.   Many states have not enacted laws requiring private employers to provide paid holidays or holiday time off to their employees. Check with your state's department of labor to see what your requirements are.   Most larger private businesses observe the following federal holidays:

New Year’s Day
Martin Luther King, Jr. Day (3rd Monday in January)
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day.

Smaller businesses often only observe the following:

New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day.

Employers should decide which of these days will be given off and communicate that decision clearly to employees. They may also elect to pay time and half for such holidays to reward employees for coming to work and to encourage staff to continue business as usual. If employers chose to offer this special wage they should draft a policy that clearly outlines which days will qualify.

What to include in a policy

In drafting a holiday policy, the following topics should be considered:

which employees are eligible
what holidays will be recognized
whether holidays will be paid and at what rate
conditions for receipt of holiday pay
treatment of holidays during vacations and leaves.

See an example below.

Beyond drafting a policy employers should do their best to treat employee time off requests fairly. While there is something to be said for the "first asked, first given" rule, it is not fair for some employees to be stuck working all holidays. Employers should keep a calendar of days off, and try their best to spread the free time and responsibilities evenly among employees.

THIS POLICY IS OPTIONAL

SAMPLE POLICY

ABC Company will grant paid holiday time off to all eligible full-time employees.  Regular part‑time employees will receive pay for each designated holiday pro rated based on their normally scheduled hours compared to a regular 40 hour work week.  Holiday pay will be calculated based on the employee’s straight time pay rate as of the date of the holiday.

ABC Company observes the following as paid holidays for regular full-time employees:

•     New Year’s Day                

•      Memorial Day              

•     Thanksgiving

    •     Martin Luther King,           Jr. Day

•      Independence Day        

•     Day After Thanksgiving

•      Labor Day                     

•     Christmas Day

A holiday that falls on a weekend will be observed on either the preceding Friday or the following Monday to coincide with local custom.

To be eligible for holiday pay, an employee must have worked his or her regularly scheduled hours on the workday before and the workday after the holiday, or have been on approved vacation or other paid leave.  If an employee is on vacation/leave when a holiday is observed, the employee will be paid for the holiday and will be granted an alternate day of vacation/leave at a later date.

Any hourly, non‑exempt employee required to work on a holiday will receive double‑time payment for the hours worked.

Paid time off for holidays will not be counted as hours worked for purposes of determining overtime. 

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Bullying in the workplace

shannon — Mon, 19 May 2014 20:56:54 +0000

A few years ago if you heard the word bullying, images of playgrounds and principals' offices might come to mind. It's true that many people felt that bullying only applied to children, but in recent years we've acknowledged the truth of the situation: adults can be bullied – and bullies – too. A 2010 survey showed that over 35% of adults admit to being bullied and another 15% admit to witnessing bullying. With these numbers on the rise, employers need to learn to identify and prevent bullying in the workplace, as it can lead to some very serious problems.

Why is bullying a workplace issue?
Aside from wanting to provide a safe, healthy environment for employees, employers should be concerned about bullying for a few reasons. Typically bullying leads to a breakdown in communication between staff members, and can seriously impact productivity. Who would want to work alongside someone that was picking on them? In addition to loss of production, bullying can lead to claims of harassment, discrimination, and can result in violence. These very real issues for employers can even result in lawsuits or fines.

What is bullying?
Like many workplace issues, bullying can take many shapes. The common definition of bullying is any abusive conduct committed by an individual or group against another. While that explanation is vague, it is helpful as a general way to measure appropriate behavior. In the workplace this behavior can manifest in a number of ways, such as yelling, insults, and disrespecting private space. This form of bullying is usually easier to identify and discipline, but bullying can also be a lot more subtle. Other forms of bullying can include:

isolating employees
routinely taking credit for other’s work
imposing unrealistic deadlines
unnecessarily criticizing the work of an employee.

In the case of supervisors, being harder on one employee than others can be construed not only as unfair treatment but an act of bullying.

How can employers prevent bullying?
The first step in preventing bullying is to implement a clear anti-bullying policy. A few things to include in such a policy are:

A clear definition of what conduct is considered bullying. Employers should outline exactly what behavior is unacceptable in no uncertain terms. It is also wise to add that management will make any decisions about what is and is not bullying.
A reporting procedure. Include instructions as to how employees can report being bullied or bullying they have witnessed. Include to whom reports should be made and if they can be made anonymously.
A non-retaliation clause. Employees should feel safe to report bullying without fear of punishment. A few sentences explaining that any employee who comes forward with such information will be protected can go a long way in putting employees at easy.

Find an example of an anti-bullying policy below.

Aside from instituting a no bullying policy, employers should also consider requiring specialized training for employees to help them understand bullying. Similar trainings to prevent other negative workplace behaviors (like harassment) are a common and effective HR tool.

Finally employers and managers should make a firm commitment to avoid participating in any form of bullying. Employees can be more sensitive to the actions of those in roles of leadership and, as such, employers and supervisors have a bigger responsibility to treat each employee with respect and sensitivity.

SAMPLE POLICY

Bullying is harmful to the employees of ABC Company, resulting in reduced productivity, efficiency and morale, and increased absenteeism and turnover. In providing a productive working environment, ABC Company believes that its employees should be able to enjoy a workplace free from all forms of bullying conduct.

It is against the policy of the Company for any employee, whether a manager, supervisor, or co-worker, to bully another employee. This policy applies to all company activities and events, as well as publically accessible off-duty activities including social media.

Prohibited bullying occurs whenever there is severe, repeated mistreatment that targets one or more persons which, through verbal abuse, offensive conduct, or interference, that creates an intimidating, hostile, or offensive working environment; interferes with a person’s work performance; or otherwise adversely affects a person’s employment opportunities with the Company.

Bullying conduct could include, but is not limited to, repeated and aggressive:

Teasing, name-calling, slandering, ridiculing, maligning, a person or his/her family
Screaming, shouting, yelling, or swearing at another in public or private
Persistent phone calls, voicemails, emails, or postings to or about another person
Unreasonable public criticism, reprimands, or trivializing of another’s work
Excluding others from meetings or social situations, or giving the “silent treatment”
Destructive gossip, rumors or innuendo
Physical pushing, shoving, throwing things
Non-verbal threatening gestures or glances, staring or glaring
Intentional interference with another’s work, for example, through impossible deadlines, supplying insufficient or incorrect resources or information.

Evaluative work performance comments by one’s supervisor relating to deficiencies, constructive feedback, and counseling are appropriate and reasonable and do not constitute bullying behavior.

Any employee who believes he or she has been bullied in violation of this policy should report the conduct immediately to his or her supervisor; or, if that person is responsible for the behavior, to the Human Resources Department. The employee always has the option of reporting the conduct directly to the Human Resources Department if he or she prefers.

A thorough and impartial investigation of all complaints will be conducted in a timely and confidential manner. Confidentiality will be maintained during the investigation to the extent possible without jeopardizing the thoroughness of the investigation.

Any employee of the Company who has been found, after investigation, to have bullied another employee in violation of this policy will be subject to a required apology, counseling, training and/or disciplinary action up to and including termination.

Retaliation against the individual reporting the bullying behavior is expressly prohibited.

Learn more about how to deal with bad behavior in the workplace with our Hiring, Firing and Discipline for Employers

Employment references

shannon — Thu, 08 May 2014 20:25:44 +0000

Finding new employees can be stressful. Sure, an applicant will say they are a hardworking overachiever, but are they being honest? That's where reference checks come in. For most positions, it is beneficial for an employer to request and contact previous employers to check on perspective employees as it can protect the employer in any future negligent hiring claims. But what is the right way to get a reference? And what is the right way to give a reference for your own past employees?

Before conducting the check

While there is no law requiring so, an employer should protect themselves by having the applicant sign a broad release before conducting any reference checks. Additionally, employers may be more willing to share information if such a waiver is in place.

Make sure to have a completed application on hand so you can confirm dates of employment and title to make sure the applicant didn't misrepresent themselves.

During the check

While employers may be tempted to gossip or poke for more personal information it is best to stick to the facts. When contacting references, prospective employers should request basic information such as:

dates of employment
job duties
performance assessments
wage history
discipline record
tendency for violence
circumstances surrounding discharge
eligibility for rehire.

The questions asked on the reference check should be specifically job-related and designed to obtain objective information regarding the applicant’s prior job performance.

While employers may not want to share some of this information, employers should make inquiries and take notes in case a negligent hiring claim is brought against them in the future. If the former employer will only provide you with name, former position, and dates of employment, ask if they would rehire the applicant, after all that is the best reference an employer can give.

When giving references

Employers may choose to adopt a policy of providing only “name, rank, and serial number” information about former employees. Under such a policy, employers should decline to volunteer any subjective or undocumented information and provide only the dates of employment and the positions held by the employee to avoid claims of defamation, slander, breach of privacy, or retaliation. Truth is the best defense to any of these claims, so only provide factual, supportable information.

Some employers find it helpful to give references in writing to avoid disclosing too much information. In this case employers should use the same form for each reference given, and stick to the information requested. Such forms can be emailed and then retained in the employee's file. An example is provided below.

Also, employers should make notes of the reference, who it was given to, when, and what was discussed. This information can be helpful in a future lawsuit, and can be kept in the employee's file.

employment reference

Name of applicant:______________________________________________________________________

Stated dates of employment:____________________________________________________________

1. Employed from:____________________________ to _____________________________

2. Reason for termination:__________________________________________________________

3. First job title:_______________________________________ Pay rate_______________

4. Last job title:_______________________________________ Pay rate_______________

5. Description of duties in last position:________________________________________________

6. Eligible for rehire: o Yes o No

If no, why not?__________________________________________________________________

_______________________________________________________________________________

PLEASE RATE THE FOLLOWING:	OUT- STANDING	ABOVE AVERAGE	AVERAGE	BELOW AVERAGE
Skills
Quality of Work
Quantity of Work
Conduct
Attendance

Date:______________________ Signature:________________________________________

Title:_____________________________________________

Company:

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Birthdays in the workplace

shannon — Thu, 01 May 2014 17:09:03 +0000

It only happens once a year and some people think it should be a federal holiday – no, not National Grilled Cheese Day – birthdays! While some employees could not care less about celebrating them in the workplace or any place else, others will pout all day if you ignore it. But what place do celebrations have in the workplace? Is it appropriate? A breach of privacy? A really good excuse to eat a lot of cake?

Here are a few steps to follow to make your office a happy birthday zone.

Step one: Gather the data.
In the hiring paperwork for new employees (NOT for potential employees – so not on an application!) include a quick questionnaire about birthdays, including questions like:

Are you comfortable with the company acknowledging your birthday?
If so, when is your birthday/birth month?
Do you have any dessert preferences or food allergies?

These questions let you know up front whether an employee prefers to celebrate or not, as many people feel uncomfortable with the attention, and also make sure you are aware of any potential safety issues – marzipan cake isn’t great for those with nut allergies, it turns out. If an employee chooses not to acknowledge their birthday in the workplace, respect this decision. If you think it might just be shyness and disregard their wishes, you could run into religious discrimination claims as some religions forbid such celebrations.

Step two: Come up with a consistent practice.
Set a policy on how birthdays will be celebrated in the workplace. Here are a few options employers have used (keep in mind your company size when picking a policy):

a personal treat and card on or near each employee’s birthday
a cake for the whole office to share during break
allowing the employee to decide where lunch should be purchased on their birthday
a monthly celebration for all birthdays that month.

As with all things employment related, consistency is key. Celebrating one employee’s birthday more than another’s might lead to hurt feelings, awkward situations, and even discrimination suits.

Step three: Be careful of the language you use.

It may seem silly to some, but using language like “over the hill” or other age-related jokes could open an employer up for future discrimination charges. Acknowledging that an employee is older than the rest of the staff and suggesting that to be a negative can be used as evidence in a claim against you. Alternatively, an employer shouldn’t make observations about an employee being “fresh” or too young. In short, keep the age jokes out of it!

With these procedures in place, you’ll be able to have your cake, and your employees’ too.

Need a place to start?

Here is a sample policy you can adjust to suit your birthday practices.

SAMPLE BIRTHDAYS IN THE WORKPLACE POLICY

Company recognizes the importance of birthdays as a milestone in one’s life, and the interest of some of its employees in celebrating their co-workers’ birthdays. Company also recognizes, however, that some people do not wish to have their birthdays publicly celebrated. To balance these interests, Company introduces the following policy regarding birthdays in the workplace.

Company will arrange and pay for a birthday party each month to celebrate the birthdays of those employees whose birthdays fall in that month. The party will occur at a time and date that is least disruptive to the company, at the Company’s discretion. Company will provide a cake, healthy snack options, and nonalcoholic beverages under a pre-set budget. The party is optional for all employees, and employees with birthdays who do not wish to participate are not obligated to attend. Employees who do not wish to be recognized at the monthly birthday party should request to have their name associated with the monthly birthday party, either by contacting their immediate supervisor or HR.
Private, employee-organized birthday celebrations for individual employees may not occur on Company property or during working hours at any time. Employees are encouraged to be sensitive about excluding co-workers from private birthday celebrations. Expenditures for private birthday parties are considered to be of a personal nature and will not be reimbursed.
Under no circumstances will Company, its HR staff or managers/supervisors reveal an employee’s age or birth date. Company expressly forbids employees from teasing co-workers or supervisors about their age at or near the time of an employee’s birthday or during the Company-sponsored monthly birthday celebration.
Employees are encouraged to refrain from providing birthday cards with a religious, sexual, or other theme that may be offensive to the person receiving the birthday card. Remember: What may be humorous or well-intentioned to you may not be so well-received by another.

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