3 summer workplace legal issues and how to handle them
Issues such as hiring interns, dress code compliance and handling time off requests can cause legal issues for employers during the summer months. Continue reading this blog post for how to handle these three summer workplace legal issues.
Summer is almost here and with that comes a set of seasonal employment law issues. Top of the list for many employers includes hiring interns, dress code compliance and handling time off requests.
Here’s how employers can navigate any legal issues that may arise.
Summer interns
Employers looking to hire interns to work during the summer season or beyond should know that the U.S. Department of Labor recently changed the criteria to determine if an internship must be paid. In certain circumstances, internships are considered employment subject to federal minimum wage and overtime rules.
Under the previous primary beneficiary test, employers were required to meet all of the six criteria outlined by the DOL for determining whether interns are employees. The new seven-factor test is designed to be more flexible and does not require all factors to be met. Rather, employers are asked to determine the extent to which each factor is met. For example, how clear is it that the intern and the employer understand that the internship is unpaid, and that there is no promise of a paid job at the end of the program? The non-monetary benefits of the intern-employer relationship, such as training, are also taken into consideration.
Though no single factor is deemed determinative, a review of the whole internship program is important to ensure that an intern is not considered an employee under FLSA rules and to avoid any liabilities for misclassification claims.
Companies also should be aware of state laws that may impact internship programs. For example, California, the District of Columbia, Illinois, Maryland and New York consider interns to be employees and offer some protections under various state anti-discrimination and sexual harassment statutes.
All employers should be clear about the scope of their internship opportunities, including expectations for the relationship, anticipated duties and hours, compensation, if any, and whether an intern will become entitled to a paid job at the end of the program.
Summer dress codes
Warmer temperatures mean more casual clothing. This could mean the line between professional and casual dress in the workplace is blurred. The following are some tips when crafting a new or revisiting an existing dress code policy this summer.
If the dress code is new or being revised, the policy should be clearly communicated. Sending a reminder out to employees may be helpful in some workplaces. In all cases, the policy should be unambiguous. List examples to make sure there is no confusion about what is considered appropriate and explain the reasoning behind the policy and the consequences for any violations.
To serve their business or customer needs, companies may apply dress code policies to all employees or to specific departments. They should also make sure the dress code does not have an adverse impact on any religious groups, women, people of color or people with disabilities. Company policies may not violate state or federal anti-discrimination laws. If the policy is likely to have a disparate impact on one or more of these groups, employers should be prepared to show a legitimate business reason for the policy. Also, reasonable accommodations should be provided for employees who request one based on their protected status. For example, reasonable modifications may be required for ethnic, religious or disability reasons.
Finally, failure to consistently enforce a neutral dress code policy or provide reasonable accommodations can expose a company to potential claims. As always, dress codes and any discipline for code violations should be implemented equitably to avoid claims of discrimination.
Time off requests
Summer time tends to prompt an influx of requests for time off. Now is a good time to review policies governing time off, as well as the implementation of those policies to ensure consistency. Written time off policies should explicitly inform employees of the process for handling time off requests and help employers consistently apply the rules.
An ideal policy will explain how much time off employees receive and how that time accrues. It also will include reasonable restrictions on how time off is administered such as requiring advance approval from management, and how to handle scheduling so that business needs and staffing levels are in sync.
Most importantly, time off policies and procedures must not be discriminatory. For instance, if a policy denies time off or permits discipline for an employee who needs to be out of the office on a protected medical leave, the policy could be seen as discriminating against employees with disabilities. Companies should train their managers on how to administer time off requests in a non-discriminatory manner. Employers generally have the right to manage vacation requests, however protected leave available to employees under federal, state and local laws adds another layer of complexity that employers should consider when reviewing time off requests.
To minimize employment issues this summer and all year around: plan ahead, know the relevant employment laws and train managers and supervisors to apply HR best practices consistently throughout the organization.
SOURCE: Starkman, J.; Rochester, A. (23 May 2019) "3 summer workplace legal issues and how to handle them" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/how-employers-can-handle-summer-workplace-legal-issues
Considering Retirement But Getting Cold Feet?
Are you nearing retirement age but getting cold feet about retiring? Many consider their financial state when deciding when they should retire but there are some other factors you should take into account. Read this blog post from SHRM for factors to consider when deciding the timing of retirement.
I’ve been with the same company for the last 15 years and I’m nearing early retirement age. I always assumed I would welcome this but - like a dog finally catching that car it’s been chasing for years- now that the time has come, I'm getting cold feet. I feel like I’m financially ready, but my gut is telling me “Don’t do it yet”. My employer is supportive either way, although I sense some colleagues would welcome the promotion opportunities that would open up when I leave. What factors should I consider when deciding the timing of retirement?
Many people base their decision to retire solely on the state of their finances. If this isn’t a factor in your decision, congratulations, you’re among the lucky few. So, let’s consider the other factors.
First, I would promptly set aside whether your coworkers want you to hurry-up-and-retire-already for their own career opportunities. That’s understandable but I would not let that weigh heavily –if at all- in your decision.
Second, I would concentrate on what your gut is telling you. I believe in following one’s gut, but not blindly. For me, gut feelings are flags for things that should be examined. It’s your mind and body letting you know, “hey, you should pay attention to this”, dig on this spot, explore where these feelings are coming from and where they point to.
For example, you could be over identified with your professional-self and your personal-self may feel vulnerable without having a professional role. This is especially true if you have a fancy title or you think you’re somebody. It can be unsettling to become just one more retiree ordering the early bird special.
So, what’s the antidote?
Well, you should have the first year of your retirement life planned out as carefully as you’d plan a mid-career hiatus. Consider: Where you’re going to go everyday; who you’re going to hang with; what hobbies you’re going to pick up; which boards you’ll volunteer for; what causes you’ll join; what you’re going to wear and what schedule you’re going to keep.
I think once you have a clear picture of “who” and “what” you are going to be when you retire, perhaps your gut will feel more comfortable and instead of telling you “Don’t do it yet” it may tell you “What are you waiting for?”
Originally posted on HR Box.
SOURCE: Del Rio, E. (13 May 2019) "Considering Retirement But Getting Cold Feet?" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/considering-retirement-but-getting-cold-feet
Your bad work environment may be raising your healthcare costs
A growing amount of research is documenting a relationship between stressful work environments and a range of chronic conditions. Research is also finding a link between employee health and employee job performance. Continue reading to learn how your work environment could be raising your healthcare costs.
If you want to reduce the cost of healthcare for your employees — while simultaneously improving care — you may need to take a serious look at your work environment. When reviewing areas that could help reduce costs, a much overlooked aspect is a stressful work environment.
While employers have done a lot to reduce the risk of potential injuries in the workplace, they have done far less to reduce stress, which could also be harmful.
Research finds a link between employee health and job performance. There also is a growing body of research documenting the relationship between a stressful work environment and a range of chronic conditions — including depression, hypertension and sleeping problems. But employers often struggle to connect the dots between these health concerns and supporting a healthy environment for employees.
It’s difficult, if not impossible, to manage something that remains unmeasured. That’s why measuring outcomes beyond healthcare cost fluctuations, such as absence, periods of work disability and job performance, can help employers understand a broader range of outcomes important to the successful operation of their business.
When employers ask how they can affect the health of their employees, I ask what they know about the working conditions in their organization. Is there management trouble, high turnover, high illness-related absence or low job satisfaction? Some of this can be determined from employee satisfaction surveys, or analyses of sick leave data and work disability claims. Often, even more can be discovered by gathering employee feedback.
For example, listening to employees, equipping them with the knowledge to recognize safety issues and providing the tools or procedures to correct these issues, were key to improving workplace safety. A successful safety review can result in real change. Employees observe this change and a cycle is created where prevention becomes the focus because all are accountable and all have trust based on experience that their identification of potential or real safety issues will be dealt with effectively.
If employers are unaware of the factors in their own work environment that could be modified to lessen psychosocial stressors, a good place to start is by listening to employees. Many employers already conduct job satisfaction surveys or health risk appraisals that provide some information around work and health issues. These same tools could be used to identify and address psychosocial issues in the workplace.
Whatever the channel — a suggestion box, a designated HR representative, a focus group, a survey — it must provide employees with the opportunity to authentically and safely share their perspectives. And, finally, it must be demonstrably legitimate, resulting in employer actions that are clear and meaningful to all.
Typically employers use health and wellness programs in an attempt to remediate rather than prevent illness. Our interviews with medical directors of some of the leading U.S. corporations revealed a similar finding. Often, the medical director or chief health officer is charged with improving employee health, while the HR benefits manager is charged with reducing healthcare costs. Not surprisingly, these two goals can be at odds with each other. Imagine the company with a large percent of untreated depression.
So how can employers know what works or even what to try?
Evaluators often start their work by asking why particular activities, services or coverage types were chosen or implemented. This helps identify those areas more proximal to the employment setting (something about the job or in the work environment, for instance) and those areas more distal to the employment setting (such as medication formulary). To put a fine point on the problem, Pfeffer notes that “putting a nap pod into a workplace is not going to substitute for the fact that people aren’t getting enough sleep because they are working 24/7.”
Those looking to get started might begin by watching Working on Empty, an 11-minute documentary, which can provide solid direction for the type of information you’re seeking from your employees. Honor their voice and insight, and use it to implement real change. In doing so, you will build trust and a channel for contribution that improves outcomes for employees and employers.
SOURCE: Jinnett, K. (20 May 2019) "Your bad work environment may be raising your healthcare costs" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/workplace-stress-increasing-healthcare-costs
Motivating employees to higher performance
Building and sustaining an energized, motivated workforce take initiative and requires that employers develop an inspiring workplace culture. Continue reading this blog post for more on motivating employees to increase performance.
Building and sustaining an energized workforce that takes initiative requires creating an inspiring atmosphere.
Some of the key features of such a workplace are:
- A creative work environment where employees are able to express themselves openly.
- A work environment not stifled by unnecessary process and policy hurdles.
- A challenging and constructive work environment featuring constant feedback.
- Leadership that listens and responds to employees.
- A collaborative and cross-functional workforce where diversity is cherished.
Employees recognize the difference between empty slogans and real commitment and will respond to an organization that walks the walk in creating a great place to work.
Happiness equals productivity
A recent study found that employees who are happy are 12 percent more productive than those who aren’t.
Whether or not the specific percentage is totally accurate, we can all confirm the general point from our own work experiences.
Happy employees get to work on time, work hard, and take responsibility.
So how to keep a happy workplace? Here are some ideas:
- Make humor part of the agenda – work is stressful. Find ways to lighten things up occasionally
- Within the constraints of your particular process, don’t insist on rigid schedules. Give employees some control over how they use their time during the day.
- Respect, and encourage respect for, differences
- Fewer managers and official leaders
- Make fitness and physical activity part of a normal day
- Create a bright atmosphere and encourage interaction
SOURCE: McElgunn, T. (2 May 2019) "Motivating employees to higher performance" (Web Blog Post). Retrieved from https://www.hrmorning.com/performance-management-motivating-employees/
Boost employee engagement with these key people skills
Employers most likely won't be able to get every single employee to give their best every day, but with the right amount of effort, they could get the majority of employees to give their best. Continue reading for key people skills employers can use to boost employee engagement.
With all the talk about “employee engagement,” it’s only fair to ask, “Can I really get all the people in my organization to give their best – every day?”
The short answer is probably not “all.” But with the right amount of effort you can get “most” of them to give their best … most of the time. And that’s a lot better than where most companies are right now.
Boiled down to its simplest parts, employee engagement is about connecting with employees and getting them focused. It requires an ongoing and consistent effort by managers to bring out the best in people.
Employee engagement takes practice
You don’t need to be good friends with every employee – but it does help to build cordial relationships. That makes working with people more productive and cohesive.
People get more engaged in their work when the work means something to them, when they understand their role in the organization, and when they can see and appreciate the results of their own efforts.
Here are some “hands on” ways leaders can work to improve interactions and create a deeper connection with employees and colleagues:
- Make it personal. Use people’s names when talking to them – from the janitor to the CEO. Even better, use the names of their significant others – spouses, kids, parents – when possible.
- Say more than hello. Sometimes it’s necessary to cut to the chase and get to the business at hand – a project, deadline, important question, etc. But in other circumstances, there’s time to show interest in employees’ and colleagues’ lives. Instead of a generic “How are you?” ask about something that affects them.
- Talk about their interests. People surround themselves with hints of what interests them outside of work (for instance, sports ticket stubs, photos of beach trips, logo T-shirts from local events, race medals, certificates of appreciation from philanthropic groups, etc.). Look for those hints and ask about them. Once you know a little about what they do outside work, you have a starter for other conversations: “How did your son’s soccer game turn out?” “Where did you volunteer this weekend?” “Planning any vacations?”
- Show appreciation. Avoid waiting for the end of a project or annual reviews to thank employees and coworkers for their contributions. And it’s OK to say thanks for the little things they bring to the table – a good sense of humor, a sharp eye for errors, an impeccable work station, a positive attitude.
- Make others feel important. Feeling important is slightly different than feeling appreciated. Employees need to know they’re relevant. Let them know you recognize their contributions by referring to past successes when you talk to them personally and to others in meetings. Explain why their work was important.
- Recognize emotions. Work and life are roller coasters of emotions. Leaders don’t have to react to every peak and valley, but they’ll want to address the highs and lows they see. For instance, “You seem frustrated and anxious lately. Is something wrong that I can help with?” Or, “I can sense you’re very excited and proud. You deserve to be.”
Building morale
The best morale exists when you never hear the word mentioned. If you have employees, you’ll have morale problems. No matter how thorough a company’s hiring process is, at some point leaders will have to handle morale issues because employees get stressed, are overworked and deal with difficult people.
The good news: Most of the time, employees won’t be down if their managers build and maintain morale. To stay ahead of morale issues:
- Communicate. Employees left in the dark will become fearful and anxious and likely make up negative news to fill the gap. This can be avoided by regularly reporting information, changes and company news.
- Listen. While sharing information is a must, employees must also be heard. Give them different options to share their concerns and ideas. Offer the floor at department meetings, have regular one-on-one meetings, put up a suggestion box or anonymous e-mail account for submissions, invite executives to come in and listen, etc.
- Appreciate. People who aren’t recognized for their contributions may assume they’re not doing well. Leaders should take the time to thank employees for their everyday efforts that keep the operations running smoothly. In addition, extra effort should be recognized and rewarded.
- Be fair. Nothing hurts morale like unfair treatment. Leaders can’t turn their backs on poor performances, and they can’t play favorites. It’s best to document what’s done in response to good and bad behaviors so leaders can do the exact same thing when the situation arises again – and have a record of it.
- Provide opportunities to grow. Growth is often equated with moving up the career ladder. But it doesn’t have to be. Many employees are motivated by learning and creating a larger role for themselves. So if people can’t move up a career ladder (because there aren’t positions available), encourage them to learn more about the company, industry or business through in-house or outside training. Or give them opportunities to grow socially by allowing them time to volunteer.
- Create a friendly environment. Research shows people who have friends at work are more motivated and loyal to their employer. While this can’t be forced, opportunities to build friendships can be provided through potluck lunches, team-building activities and requesting staff to help in the recruiting process.
- Paint the picture. Employees who know their purpose have higher morale than those who are “just doing the job.” Regularly explain to employees how their roles fit into the company’s mission and how they affect the department and the company.
Praise what you want to see repeated
Handing out recognition takes a little more skill than just saying “Good job” and giving a pat on the back, though that’s a good start.
Giving recognition well is a skill all leaders could improve upon to keep their employees encouraged and productive.
Here are five guidelines for recognizing good work:
- Make it a policy, not a perk. Set rules for different types of recognition. For instance, recognize people for tenure and meeting goals – things everyone can accomplish.
- Stay small. Handshakes and sincere appreciation are always welcome (especially since 65% of employees say they haven’t been recognized in the past year, according to a Gallup Poll). Leaders need to look their employees in the eye, thank them for specific work and explain why it made a difference.
- Add some fanfare. Recognize people at meetings when others can congratulate them.
- Include the team. In addition to praising individuals, recognize a whole group for coming through during an unexpected hard time, meeting a goal, working together, etc.
- Make it personal. When recognizing employees, match the reward and praise to the person. One person may like a quiet thank-you and a gift card to a favorite store. Someone else might thrive on applause and a certificate given at a group lunch. Find out what people like and cater to them when possible.
SOURCE: Henson, R. (7 May 2019) "Boost employee engagement with these key people skills" (Web Blog Post). Retrieved from https://www.hrmorning.com/boost-employee-engagement-with-people-skills/
How do you know when learning programs are working?
How do employers measure the success of employee learning programs? The demand for employee learning programs is increasing, as well as the spend that employers are allocating for these programs. Continue reading to learn more.
Demand for learning is up and the spend that employers allocate to it is climbing — but as employers spend more money, they may also need to increase expectations for learning's success.
What outcomes do employers expect from learning programs? Whenever a company initiates training, that company must also ensure it has clear, definable results in mind, experts told HR Dive. Training to increase practical knowledge — how to utilize equipment, for example — should be task-oriented and measurable. Other training goals, like developing soft skills, may be more intangible, but success metrics can still be necessary.
Quantifying learning and finding success
The classic Kirkpatrick Model to evaluate training is widely used, Tom Griffiths, CEO and co-founder of Hone, explained to HR Dive. It covers four measurements:
- Reaction. Were workers actively engaged and participating in the program? Observation and reaction surveys can help with this metric.
- Actual learning. Did they come away from the session knowing more than they went in knowing? Baseline quizzes before and after give a snapshot of whether or not the session met objectives.
- Behavioral change. Are you seeing a change in the way people perform their work? If training isn't directly relatable and usable, this might be more difficult to quantify.
- Results. What is the final impact on the business overall following the training? Have errors decreased? Has productivity increased? Is customer satisfaction up? These measurements may take longer to quantify, but they're worthwhile metrics to obtain.
Ultimately, employers should keep an eye out for true measures of performance improvement, Anna Robinson, CEO of Ceresa, told HR Dive in an email. Sales growth, unit cost reductions and improved throughput are all examples of potential results. "If business performance improves, that means the right person is receiving the right content, and it is having an impact on their performance," she added.
But there are other ways to measure success, Ujjwal Gupta, co-founder and COO of BenchPrep, told HR Dive in an email. A learner getting that long-sought promotion or spreading knowledge in their department are key ways to witness a development program's success, Gupta said.
Changing minds and habits
What is the goal of training — changing minds or changing behaviors? Griffiths believes both are needed for a growth mindset, but one can lead to another.
"We can inspire change by giving learners the mental models, evidence and ways of thinking to start shifting their mindset, which can have a huge effect on behavior," he said. "For example, how differently do I behave if I believe I know everything and have nothing to learn from others, versus the mindset that I have something to learn from everyone?"
Employers should do more than just encourage learning, but should aspire to have a culture of learning, which enables employees to actively look for growth because learning is readily available and development is rewarded. For Griffiths, a successful learning culture is one that is open, aware and flexible. Ideally, there is a balance between dictating what the organization wants people to learn and giving the learners choice and control over what they learn to foster an employee-driven culture of learning, he noted.
Robinson said to look for engagement and buy-in. To gauge success of their mentoring program, for example, Ceresa looks at the number of women who are interested in continuing the relationship as well as the number who begin to mentor others. "This both extends and expands the learning culture," she said.
Has it made an impact?
Employees may be participating in learning exercises, but that doesn't necessarily translate to impact, experts warned. Knowledge can keep employees on track for what they need to be doing today, but it isn't enough on its own to ready them for new challenges or spark innovation. Seeing strong numbers on employee engagement surveys and significant changes in the way people work are key indicators, but the real goal is for employees to be hungry for more. Experts have noted that offering training outside workers' current areas of expertise and comfort zones can help push them further. Training that regards growth as the goal, whether or not it's of use at work today, can have the most impact on the employee and organization.
For Gupta, the numbers are important; evaluating retention and growth are leading indicators for those seemingly outside opportunities. "Seeing that you are not only keeping your employees happy, but that you are also expanding the business leads to a win-win situation by having a great learning culture that drives ROI," he said.
SOURCE: O'Donnell, R. (7 May 2019) "How do you know when learning programs are working?" (Web Blog Post). Retrieved from https://www.hrdive.com/news/how-do-you-know-when-learning-programs-are-working/554099/
Workforce Planning Will Help You Understand the Needs of Your Organization
How are you managing your workforce? Workforce planning is one of HR's most important priorities, but many HR professionals shy away from the task. Continue reading this post from SHRM to learn how workforce planning will help HR departments understand the needs of their organization.
Managing headcount—and workforce planning overall—is one of HR's most important priorities, yet so many HR and talent acquisition (TA) leaders shy away from it.
"Very few TA organizations do it, because it's a very analytical process that scares HR," said Jeremy Eskenazi, SHRM-SCP, managing principal of Riviera Advisors, a Long Beach, Calif.-based talent acquisition consulting and training company. "It's perceived to be outside of HR's expertise, and it involves inputs that come from outside HR's ownership."
In many organizations, headcount forecasting is understood to be a financial and budgeting exercise owned by finance, Eskenazi said. "But because the function of headcount is not perceived to be owned by HR, and finance doesn't make it a priority, nobody owns it in the end."
The TA function's failure to successfully predict talent gaps and prepare for hiring needs can be chalked up to a lack of experience with workforce planning, a lack of capacity to undertake it and not understanding its benefits, said John Vlastelica, founder and managing director of Recruiting Toolbox, a global management consulting and training firm in Seattle.
"Most TA leaders operate in a transactional environment and unfortunately see their jobs as purely a fulfillment function," he said. "TA is dealing with so much need that it can't help but be reactive. There's not enough time spent with the business, outlining hiring goals, conducting quarterly business reviews, updating turnover forecasts, reviewing talent composition, going over succession planning, or starting proactive sourcing conversations."
The organizations that win at talent acquisition are those that have a pipeline of talent ready to choose from when they need it, Eskenazi said. "The only way to have that ability is to know what is coming up. If you don't know what's coming up, you're operating on assumptions."
Workforce planning connects recruiting, hiring, employee development and talent management by identifying needed skills, helping recruiters target the right candidates with those skills and assisting managers in charting the internal pathways for employee growth.
"Workforce planning is not just about hiring new people; it's [also] about the gaps between what you currently have and what you need," Eskenazi said. "If you do it right, you can discover who is capable of stepping into new roles with training and development, and who may not be able to stay on in a job because the required skill sets are changing. Workforce planning is about all movement—up, down, in, out or across the organization."
Creating a Workforce Plan
The process begins with information gathering. "You simply need to interview managers of individual workgroups inside your organization and then consolidate and analyze that data," Eskenazi said. HR should be the facilitator of the process and everyone who leads people should participate, he said.
Vlastelica outlined a top-to-bottom approach to collect the information. He advised HR to sit in on executive-level discussions on overall growth and industry challenges. "At the middle level there is a lot of work to be done on forecasting for expected growth and backfills and which job families and roles are most critical," he said. To represent the bottom, "HR should talk with individual hiring managers and department leaders about their talent priorities and workforce composition," he said.
Eskenazi explained that HR should ask department heads a series of standard questions:
- How will the business impact you over the next six months? Twelve months? Twenty-four months?
- What skills do you need to meet your goals and how does current staff meet that need?
- Who is expected to be let go? Who is expected to remain? Who is getting promoted?
After gathering and tracking information about each department's talent inventory and their future talent requirements—using a spreadsheet or a workforce planning platform—it's time to conduct a gap analysis. Estimate what types of positions, people and competencies will be needed in the future to help the organization address talent gaps and then align necessary resources.
When presenting a final analysis to leadership, don't just repeat what you heard. Categorize the findings in a way that makes sense for talent acquisition, Vlastelica said.
"Forecasting is a little bit of science and a lot of art," he added. "It's a good opportunity to teach the business about how to think about talent acquisition, the ramp up time and resource cost to meet business need."
Be Flexible
Organizations looking to be more agile in a rapidly changing environment should engage in regular workforce planning updates, Eskenazi said. "All you have to do is create the framework once, then update it every six months. Once you do it one time in a comprehensive way, it's far easier than having to start from scratch."
The workforce planning team should reach out routinely for insights from department and business line leaders to update and modify the plan based on hiring needs.
"It needs to be very flexible, because oftentimes the business's priorities change, even in a short time," Eskenazi said. "The business is constantly resetting—and faster than ever before."
SOURCE: Maurer, R. (13 May 2019) "Workforce Planning Will Help You Understand the Needs of Your Organization" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/workforce-planning-will-help-you-understand-organization-need.aspx
How to Respond to the Spread of Measles in the Workplace
How should employers respond to the spread of measles? With measles now at its highest number of cases in one year since 1994, employers are having to cooperate with health departments to fight the spread. Read this blog post from SHRM to learn more.
Employers and educators are cooperating with health departments to fight the spread of measles, now at its highest number of cases in one year since 1994: 764.
Two California universities—California State University, Los Angeles (Cal State LA) and the University of California, Los Angeles (UCLA)—recently quarantined staff and students at the request of local health departments.
In April at Cal State LA, the health department told more than 600 students and employees to stay home after a student with measles entered a university library.
Also last month, UCLA identified and notified more than 500 students, faculty and staff who may have crossed paths with a student who attended class when contagious. The county health department quarantined 119 students and eight faculty members until their immunity was established.
The quarantines ended April 30 at UCLA and May 2 at Cal State LA.
Measles is one of the most contagious viruses; one measles-infected person can give the virus to 18 others. In fact, 90 percent of unvaccinated people exposed to the virus become infected, the U.S. Centers for Disease Control and Prevention (CDC) notes.
Action Steps for Employers
Once an employer learns someone in the workplace has measles, it should immediately send the worker home and tell him or her not to return until cleared by a physician or other qualified health care provider, said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C.
The employer should then notify the local health department and follow its recommended actions, said Howard Mavity, an attorney with Fisher Phillips in Atlanta. The company may want to inform workers where and when employees might have been exposed. If employees were possibly exposed, the employer may wish to encourage them to verify vaccination or past-exposure status, directing those who are pregnant or immunocompromised to consult with their physicians, he said.
Do not name the person who has measles, cautioned Katherine Dudley Helms, an attorney with Ogletree Deakins in Columbia, S.C. "Even if it is not a disability—and we cannot assume that, as a general rule, it is not—I believe the ADA [Americans with Disabilities Act] confidentiality provisions cover these medical situations, or there are situations where individuals would be covered by HIPAA [Health Insurance Portability and Accountability Act]."
The employer shouldn't identify the person even if he or she has self-identified as having measles, Mavity noted.
Shea said that once the person is at home, the employer should:
- Inform workers about measles, such as symptoms (e.g., dry cough, inflamed eyes, tiny white spots with bluish-white centers on a red background in the mouth, and a skin rash) and incubation period—usually 10 to 12 days, but sometimes as short as seven days or as long as 21 days, according to the CDC.
- Inform employees about how and where to get vaccinations.
- Remind workers that relatives may have been indirectly exposed.
- Explain that measles exposure to employees who are pregnant or who might be pregnant can be harmful or even fatal to an unborn child.
- Explain that anyone born before 1957 is not at risk. The measles vaccine first became available in 1963, so those who were children before the late 1950s are presumed to have been exposed to measles and be immune.
Employers may also want to bring a health care provider onsite to administer vaccines to employees who want or need them, Shea said.
"Be compassionate to the sick employee by offering FMLA [Family and Medical Leave Act] leave and paid-leave benefit options as applicable," she said.
When a Sick Employee Comes to Work Anyway
What if an employee insists on returning to work despite still having the measles?
Mavity said an employer should inform the worker as soon as it learns he or she has the measles to not return until cleared by a physician, and violating this directive could result in discipline, including discharge. A business nevertheless may be reluctant to discipline someone who is overly conscientious, he said. It may opt instead to send the employee home if he or she returns before being given a medical clearance.
The employer shouldn't make someone stay out longer than is required, Helms said. Rely instead on the health care provider's release.
SOURCE: Smith, A. (9 May 2019) "How to Respond to the Spread of Measles in the Workplace" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/how-to-respond-spread-measles-workplace.aspx
4 Simple Reasons Why Texting Can Lead to Better Hires
Are your recruiters continually getting “ghosted” by job candidates? The way they communicate with job recruits may have something to do with why they are getting “ghosted” by candidates. Continue reading for four reasons texting can lead to better hires.
It’s no secret that recruiters spend the majority of their time researching to find the right candidates for the right job, and even more time reaching out to talk to these potential candidates. So it’s natural that they become frustrated when candidates ignore communications like emails and LinkedIn InMail messages from recruiters. While these communication methods can work for some, they definitely aren’t preferred for all — especially these days.
With people busier than ever before, especially passive millennial candidates, recruiters are seeing more and more recruits “ghosting” them. If you are continually getting no responses to your outreach, it likely has something to do with the other 100-plus emails that are hitting candidates’ inboxes every day. Reaching out via SMS (text messaging) can help you break through the noise and make it easy for potential candidates to take the next step.
Here are four simple ways to use text messages to make better hires:
Texting is quicker
In a highly competitive market, speed matters more than ever. How quickly you can secure the talent you need impacts how quickly your business is moving forward. Seventy-three percent of U.S. millennials and Gen Zers interact with each other digitally more than they do in real life. If you want a fast answer, texting is the way to go.
Scheduling via text is also quicker
Nothing good ever comes from never-ending email chains, especially when the topic is as dull as “Are you available Wednesday morning between 9 am and 11 am?” Sending your candidate a link to your favorite scheduling client via SMS puts an end to group-email fatigue and gets the interview on the books in a matter of minutes.
Don’t forget reminders
There’s nothing worse than a candidate showing up late or missing an interview.
A quick text message is a perfect way to give your candidates a quick heads-up, give them an extra tip, a quick pat on the back and send them in ready to win. No one likes tardiness and no-shows. A quick reminder ensures everyone’s on the same page.
Accelerate the hiring process
Text messages make the candidate experience way more enjoyable by simply shortening the hiring process. Hiring typically involves emails, scheduling, and so much admin. A great SMS can make hiring human again, not to mention faster. By communicating directly with someone at a time that works best for them, especially in a way that they’re much more likely to respond quickly, it will help shorten the overall hiring timeline.
When used alongside other awesome tools, such as a chatbot, text messaging could even help qualify leads more quickly and immediately put you in touch with the best candidates.
The bottom line: utilizing text for recruiting can help you revitalize your talent pipeline and create a more engaging candidate experience.
SOURCE: Bounds, D. (25 April 2019) "4 Simple Reasons Why Texting Can Lead to Better Hires" (Web Blog Post). Retrieved from https://hrexecutive.com/4-simple-reasons-why-texting-can-lead-to-better-hires/
Think your employee is faking sickness? Here’s what you can do
Have your employees misused their FMLA leave before? Navigating FMLA can be tricky, leading to costly lawsuits if a wrong move is taken. Continue reading this blog post to learn more about handling FMLA misuse.
Your employee’s gout flared up, so they took the day off using intermittent medical leave. Later on, a photo of the same employee sliding into home base surfaces on social media that day. How do you find out if the employee was misusing FMLA leave?
Bryon Bass, senior vice president of workforce absence at Sedgwick — a business solution tech company — says navigating FMLA can be tricky, and the wrong move can provoke costly lawsuits. But if an employer has reason to believe the absence isn’t valid, Bass says there’s a process they can follow to investigate.
“I think [a social media photo] casts doubt on the reason for their absence,” Bass said during a recent webinar hosted by the Disability Management Employer Coalition. “It merits a second look, along with some potential code of conduct talks with HR.”
When a questionable situation arises, employers can ask for the worker’s approved medical condition to be recertified, Bass said. This involves having the employee resubmit their original FMLA application. Afterward, employers can send a list of absences to the employee’s healthcare provider to authenticate the dates as valid medical absences. Typically, employers can only request recertification after a 30 day period, unless there’s reason to believe the employee is taking advantage of the system.
“If, for example, you notice two employees — who happen to be dating — are taking off the same days for their different medical conditions, that’s a valid reason for asking for recertification,” Bass said. “Patterns of absence are a common reason to look into it.”
Instead of requesting recertification, some employers make the mistake of contacting the employee’s physician directly — a process called clarification. Employers are only allowed to use clarification during the initial FMLA application, and only after obtaining the employee’s permission. Clarification is used to answer employer questions about the amount of rest an employee’s condition merits.
Employers might not trust the opinion of their employee’s doctor, but they can’t ask for a second opinion until it’s time for the employee to re-submit their annual certification, Bass says. When that time comes, employers can appoint a physician to reexamine the employee at the company’s expense. If the employee objects to the second doctor’s report, a third opinion can be sought.
“With third opinions, both the employer and the employee have to agree on the provider because their decision is final,” Bass said. “Employers are also required to cover this expense.”
Although employers are within their right to file recertification, Bass says it should be done sparingly and in situations where evidence suggests misuse. An employee using slightly more time for recovery isn’t automatically abusing the policy, he said.
“FMLA does not permit healthcare providers to provide an exact schedule of leave, just an estimate of absences necessary for the employee’s treatment and recovery,” Bass said. “Treatments are more predictable, but it’s still only an estimate. If someone takes a little more time than estimated, it doesn’t mean you need to ask for recertification; in fact, the Department of Labor discourages that.”
SOURCE: Webster, K. (24 April 2019) "Think your employee is faking sickness? Here’s what you can do" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/how-to-certify-medical-leave-and-handle-pto-requests?feed=00000152-a2fb-d118-ab57-b3ff6e310000