Posted on Wed, Sep 08, 2010 @ 07:15 AM
In the spirit of keeping our readers out of trouble (a common theme of our business), we'd like to talk a bit about policy development. One of the biggest things that gets employers in trouble from an employee relations standpoint is poor use (or no use) of formal internal policies. Many companies don't even have an employee handbook, which obviously completely negates any sort of "that's our policy" defense in case of legal issues.
The development of an effective leave of absence policy in a small employer company requires many considerations. Here are the five key components of an effective leave of absence policy:
- Legal Compliance
- Organizational Culture
- Cost
- Administrative Burden
- Workforce Demographics
Legal Compliance
Ensuring the company is in legal compliance is the highest priority for any employer. Some leaves are legally required, depending on the size of the organization. For instance, the Family Medical Leave Act (FMLA) is primarily concerned with companies of 50 or more employees.
The HR professional needs a thorough understanding of required state and federal leaves before developing a leave of absence policy. Consideration should also be given to the future. For example, a company with 45 employees with solid growth may want to go ahead and implement an FMLA policy.
Organizational Culture
The desired culture of the organization is also an important piece for the HR professional to understand. This involves understanding the company’s strategic and philosophical tendencies. The company should consider how it wants to be viewed internally and externally. A proper leave of absence policy may help a company that is concerned with attraction and retention issues.
Cost
With any organization, large or small, cost is going to be a crucial consideration. A leave of absence policy can have direct and indirect costs to a company. A direct cost would be the actual cost of having an employee gone (vacation pay, for instance). An indirect cost may be the morale cost of those still at work.
Administrative Burden
Don't forget about those who are left to keep track of everything. The administrative burden of this policy needs to be considered, as this can have a significant impact on smaller companies' administrative staffs who are probably already stretched paper thin. Complex leave policies require more administrative work to keep records accurate and policies current.
Workforce Demographics
Finally, an HR professional must understand the demographics of the workforce. This allows a better understanding of what types of leaves will have the most impact.
Resources in this Post:
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Posted on Thu, Aug 26, 2010 @ 07:08 AM
Are You Losing the Unemployment Claims Battle?
It’s probably comes as no surprise that unemployment claims have risen substantially in the past eighteen months, and while hiring rates seem to be increasing gradually, there’s not yet an end in sight as benefits continue to be extended.
Understandably, the number of companies disputing claims are also increasing, as is the number of employers who take the step to appeal and overturn a unemployment benefits award.
However, judging by the relatively low number of claims and appeals being won by the employers, not many are doing a very good job of fighting unemployment claims. Here’s why, and here's how your company can do a better job.
1.) Poor or No Documentation
Many employers fail to realize that the documentation they provide regarding an employee’s work history and termination will be translated as evidence by the unemployment office. Simply put - No documentation = No evidence.
The burden of proof that the employee was fired for cause is on the employer entirely, and they must prove the termination was cause to deny benefits. While it is legal in most states to terminate an employee at will, many employers do not know that termination under at will does not deny an employee their unemployment benefits.
Included in this documentation of employment and termination needs to be verification that the employee was aware of company policies, such as signature of receipt for the employee handbook and other types of internal company training.
Additionally, if an employee is terminated for a violation not outlined in the employee handbook (give that link a look if you're not sure if all of your "policies" are documented), employers are going to have a tough time proving that a violation even took place, especially if the employee was never warned of their behavior.
Around here we like to call these expensive little mishaps "unwritten policies." Here are two extremely helpful blog posts discussing these all too common omissions and why you should avoid them.
If you need help with your employee handbook, drop us a line immediately. This is one of the most important pieces of a properly functioning small business.
2.) The Wrong Representative
Who usually handles the appeals hearings in your company? Hopefully Human Resources or an HR representative is speaking on behalf of the employer during the hearings, as it should be.
These hearings are defined by protocol and it’s important that the employer side be led by a highly experienced professional, such as the Certified HR Professionals at Integrity HR (yes, we provide this service to our clients). However, that usually is not enough.
Unless the representative witnessed first-hand the behavior that led to termination, it can be perceived as hearsay. Sure, it’s professional hearsay if HR is speaking regarding what the supervisor told them or even documented, but the hearing officer will need to hear it straight from the supervisor’s mouth for it to hold much weight.
The same is true for anyone who witnessed the behavior that led to termination – or who can attest to the employer’s consistent application of the policy in question. Having these witnesses available to provide personal testimony is key and employers must often determine if they want to invest the time to pull them away from their duties in order to participate, or if they want to risk the validity of their appeal.
If a witness absolutely cannot be present, a signed and sworn statement from the witness may be substituted (considering, of course, it is provided to the hearing officer and the claimant as required in advance of the hearing)
3.) Inaccurate Reason for Termination
This all comes down to why the employee was terminated. If the employee is terminated for attendance, this is what they are told, and this is what is provided in the unemployment fact finding interview, then that is what will be considered. Employers cannot be at the appeals stage and then add that performance was an issue, or attitude, or productivity, or anything else that was never before mentioned.
If these reasons apply, they need to be valid reasons from the beginning. No matter how many written warnings an employee may have for attendance, if they are terminated for poor work quality, proof of the poor work quality is going to be what’s required.
Remember, having a lawful reason to terminate an employee does not necessarily mean that that employee will be denied unemployment benefits. While terminating an employee lawfully should be what is of utmost concern, employers who wish to fight and deny unemployment claims must also be able to validate their reasons, and provide evidence to support them.
The Bottom Line:
The cold fact of the matter is that in this current economy with unemployment rates being what they are, odds simply are not in favor of the employer. If employers wish to fight unemployment claims now and moving forward it is up to them to raise those odds with the proper documentation, communication, and representation outlined above.
Resources From This Article:
(image provided by freedigitalphotos.net)
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Posted on Thu, May 27, 2010 @ 12:36 PM
How Can HR Help a Company Go Green?
IntegrityHR has recently implemented many "green" business practices. This got me wondering what others were doing. I was talking to a group of fellow HR professionals over coffee the other day and the topic of "going green" came up. We all wanted to do our share to help our respective businesses cut energy costs, initiate recycling programs, and reduce waste. The question we all asked was how could we implement green initiatives without breaking the bank? I did a little research and found that HR folks can help their companies go green and save money while saving the environment!
By the way, did you know that going green can be a way to increase employee motivation? Many employees feel much better about where they work when they know their company is taking positive environmental steps, especially when they can be actively involved.
Here are some easy - and inexpensive - tips to make your workplace not only more environmentally friendly, but also more employee friendly.
Use Energy-Saving Techniques - Set thermostats on 70 degrees and keep them there all year long. Moving the thermostat up and down to accommodate hot and cold employees will only add to your energy costs. You can relax your dress code policy and encourage employees to bring a sweater for colder days as well as dress lighter in the warmer months. You can also do things like purchase only energy star-rated light bulbs, ask employees to turn off the lights in their offices if they will be gone for an extended period of time, and turn all equipment off at the power strip at the end of the day.
Use Less Paper - Ask employees to only print what is absolutely necessary and store files on their desktop. Create an intranet (internal file system) that only employees can view and store all employee handbooks, policies and important documents electronically. This will save on ink and paper costs and allow you to make updates more easily.
Use Reusable Office Supplies - If possible, refill printer ink cartridges (there are many services which will do this for you), which can cut the cost of ordering a new one in half. Order only refillable mechanical pencils and ink pens. In addition, purchase only recycled paper and envelopes.
Use Real Coffee Cups - Instead of buying paper, plastic or styrofoam coffee cups, plates and utensils, use dinnerware that can be washed and reused. Consider providing filtered drinking water to cut down on the waste of plastic water bottles. Use only recycled paper towels and napkins. Some companies provide employees with reusable lunch bags with the company logo on them to reduce the waste of paper lunch bags.
Use Incentives - Institute an incentive or bonus program for employees who carpool to work. You may also consider a contest for employees to come up with green initiatives for the workplace and award prizes to the winners. Make sure to implement their ideas - Check out this page for more about management using compensation incentives.
Every workplace can be a green workplace - or at least a little bit better than it is now. It just takes a little effort and creativity. What is your employer doing to reduce its impact on the environment? Leave us a comment below and tell us!
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Help Integrity HR Spread the Word!
Use our blog as a resource - http://integrityhr.com/blog
Stay on top of of your organization by subscribing to our blog via email or RSS to the left. If you would like to Contact Us about any of the concepts in the above blog posting please call 502.753.0970.
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