Happy Holidays!
I know I’m not alone when I say that this year flew by at an accelerated speed. As much as it was a whirlwind of activity, it’s been so much fun meeting the needs of our clients and dealing with the continuous HR challenges that businesses face daily. As we say goodbye to 2009, we want to thank you SO much for your business. It has been an honor and a blessing to serve you.
Have a Blessed Christmas and a safe and Happy New Year!
~ Terri Olson Spreen
If your business is fortunate enough to afford a holiday celebration, please consider our advice to make sure the event is memorable (in a good way!)
We love those company parties, but sometimes at least one person gets out of control when there is an open bar. The “aftermath” results in headaches for the employer. For example, employees lose respect for supervisors/managers if they witness unprofessional behavior from over indulging of alcohol. Sexual harassment is another issue that results from people drinking and socializing with co-workers. Even at a social event where employees participate voluntarily, the company can be at risk for complaints and lawsuits resulting from offensive behavior by management employees, non-management employees and guests. Generally, employees are more relaxed and uninhibited which can - and has from our experience - led to kissing, groping or worse. Gossip of “who did what” at the company party can also create distraction and/or a lack of respect for those who partied too hard and/or acted unprofessionally when back at the office.
What does HR Prescriptions recommend?
- Have your event during the day and preferably at your office where all rules and policies still apply.
- Cut out the alcohol which not only significantly reduces your costs, but cuts your liability (and all the other problems caused by drinking).
- Send a memo to all employees reminding them of appropriate behavior at company-sponsored functions and, if serving alcohol, the limitations on their consumption. (Drink tickets come in handy, but those who don’t drink will just give them to those that do, so you may want to hand out tickets only to those who will personally use them.)
- Be prepared to pay a cab for a “tipsy” employee to get home safely.
- If your party is at a hotel, you may want to have a couple of rooms available should someone be too intoxicated to know their way home (i.e., can’t tell the cab driver their address).
We hope YOUR event is a safe and wonderful success!
Has the spread of flu, including H1N1, had an impact on your business? The EEOC (Equal Employment Opportunity Commission) has provided some guidelines on protecting the spread of infection at work, such as Swine Flu. Adopting these practices may prevent disruption of your business, including office closure, due to illness.
- Q: During a pandemic, may we require our employees to adopt infection control practices?
- A: Yes. Requiring infection control practices, such as regular hand washing, coughing and sneezing etiquette, and tissue usage and disposal, does not implicate the Americans with Disabilities Act (ADA).
- Q: May we require our employees to wear personal protective equipment (e.g., face masks, gloves, or gowns) designed to reduce the transmission of a pandemic virus?
- A: Yes, an employer may require employees to wear personal protective equipment. However, where an employee with a disability needs a related reasonable accommodation under the ADA (for example, non-latex gloves, or gowns designed for individuals who use wheelchairs), the employer should provide these unless doing so would involve undue hardship.
- Q: May we encourage or require our employees to telework (i.e., work from an alternative location such as home) as an infection control strategy?
- A: Yes, an employer may encourage or require employees to telework as an infection-control strategy, based on timely information from public health authorities about pandemic conditions. Telework also may be a reasonable accommodation. Of course, says the EEOC, employers must not single out employees either to telework or to continue reporting to the workplace on a basis prohibited by any EEO law.
Swine flu is just one of many challenges in managing time off. If you’re facing one of those challenges and need expert advice, we’re just a phone call or away.
It is not uncommon to have a pregnant employee placed on PDL (Pregnancy Disability Leave) early for bed rest due to complications. The question we’ve been asked often is what her FMLA/CFRA eligibility status would be if she has less than one year of employment, yet still has not given birth by the time she exceeds her 16 weeks of PDL.
If the employee’s child has not been born by the time she utilizes four months of PDL, but her health care provider determines that a continuation of leave is medically necessary, the employer may, but is not required to, allow an otherwise eligible employee to utilize CFRA leave. Even if you permit the employee to take such a leave, however, you do not have to grant the employee more CFRA leave, i.e., longer than the equivalent of 12 work weeks, than she would otherwise be entitled to.
Unfortunately for the employee, the law requires that she be granted a maximum of four months pregnancy disability leave. If she is only four months into the pregnancy at the time she experiences complications, you cannot be forced to allow her to take a CFRA-qualifying leave at the end of that period, even though she will not yet have given birth. Under these facts, you would be encouraged to permit the otherwise eligible employee to utilize CFRA leave to cover the remainder of her pregnancy, delivery, and recovery. However, you might be able to lawfully terminate her employment at the conclusion of the four-month pregnancy disability leave due to her inability to resume performing the essential functions of her position. In most cases, you may not want to do that, but if you do, consider these issues:
- How does the company deal with employees who are temporarily disabled for reasons other than pregnancy?
- What is the maximum duration of leave granted to such employees?
- Have any other employees experienced complications from pregnancy which caused them to be off work for more than four months?
- How did the company handle those situations, if any?
- Was additional leave granted?
- Is there an applicable collective bargaining agreement and, if so, what provision(s), if any, might be applicable?
More questions? Give us a call…
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