WT
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In the public sector the issue of gifts to management is a big one. However, the gifts of concern are not internal gifts from or between staff, but rather gifts from vendors and other business associates that could be seen to influence business dec…
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Most doctors routinely keep employees out of work after a birth until the six week check-up and longer in case of complications. The employee would have to see the doctor early and specifically ask to be released back to work. If she is willing to…
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Why not just say 40 hours a week is the standard work week? The unpaid lunch does not make it 42.5 because it is unpaid time. The only way you will get in trouble is if you try to direct the workforce during lunch. They can eat if they like, leav…
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Step back from the situation for a moment and forget this is a friend. Sick leave is often abused and used for discretionary time off. One of the big issues in union workplaces is the policy that an employee out sick must either be home (so you ca…
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I don't know if this is what you are looking for, but I once brought a very young hire in who was still on probation. We were having trouble with him and were about ready to let him go. He was not getting along with the more senior employees at al…
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THUMB ON THE SCALE Out of a silly article can come a grain of truth. When we interview, I often remind the staff that we may need to put our thumb on the hiring scale to balance the equation in some cases. By this, I mean that the natural human re…
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This sort of incentive goes on all the time. Witness GM, Ford and Delphi. The only caution I would give you is on the discipline front. If you are trying to increase discipline on this employee while dangling a retirement incentive in front of hi…
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We did exactly what you are proposing in one of our divisions. Here is how we did it. For each holiday worked by the employee, in essence the day off is given up (so we need not close or pay overtime to stay open), a personal leave day is granted …
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I would tend to make a distinction between a personal crisis (illness, illness of family member, divorce, separation, legal issues) or a death in the family. Some issues by their very nature should be kept confidential by HR and any dissemination w…
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Actually telecommuters would make me more nervous than subs on site. Here is a whole new world of exposure. If a person gets hurt at home while working, is it of and in the course of their duties so they get comp??? If there are unsafe conditions…
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Not to make a confusing issue more confusing, but you need to treat an employee out on military leave the same as if you granted a leave of absence to another employee. Thus, if an employee out on leave of absence would get sick days, holidays, vac…
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My sympathies are with you. Section 1002.166 of 20 CFR states that if a person serves for less than 31 days that they cannot be required to pay more for insurance than the premium usually paid by workers. The employer must pay this cost (an exampl…
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Remember that they get insurance for the first 30 days of duty. USERRA mandated insurance coverage is not COBRA as leaving for military duty is not a COBRA event. However, the rate is still 1002% of cost. Military leave has been likened to an esc…
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We have been down the same road. You will have these shortages unless or until there are consequences for them. Forget about trying to get the money back. Make employees responsible through discipline. 1. Each employee should have their own…
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We do have a calendar year policy and it works well. Once people realize that vacation must be used or zeroed out, they get responsible. Here is one thing we did. Several days a year are deemed personal leave for those inevitable personal issues.…
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I often find that my managers seize on some odd fact (like headaches) to justify a decision that is really based on something else entirely that they do not want to tell me about. Essentially, they are just throwing dust in the air. If that is hap…
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I would guess your liability would be that you "perceived" the employee to be disabled due to headaches. If so, under ADA you would have the duty to accommodate. If you withdraw a job offer that would appear to be a negative employment action base…
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It is always chancy giving advice for another state. I have studied New York State law which most likely differs from what you need. Here, an executive session can be called for by the chairman and voted on in any session. If items are discussed …
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People in HR should know how to negotiate. You will never be in a stronger position to negotiate than now as once you accept, the company will expect you to be content with what was negotiated. Often money is a big issue and time off may be more p…
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So do we pay for the position or for the work done by the individual in the position? I would never give an adjustment to a relatively new employee who had performance issues. Work is a contract to pay employees for their time and performance. Th…
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There will always be abuse by some employees of any sick leave program. As I see it, the 30 days of paid sick leave enables the big time abusers who are looking for a big chunk of time off. Once you suffer through the first few days, then you have…
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Please note that I did not focus on the crisis but more on the phone calls and disruption. If an employee is constantly taking personal calls and does not see it as a problem, what is an employer to do? I have seen the issue played out before and …
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People who feel free to constantly make personal calls from work, who arrange their life from work, who try to raise their children from work, who network with friends or family from work, or solve issues on the phone from work are a problem. Do yo…
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Our policy is the same for Workers' Comp and other absences. Employees get accruals while on paid time. Once paid time is exhausted and they go off the payroll books, there are then no accruals.
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This is a personal filing decision. I keep all the COBRA information in one file. Thus, if audited, I can prove the person got the notice offering COBRA and what happened subsequently. If they elect COBRA, due to billing and possible claims, ther…
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Before doing anything on a legal basis, you would have to have probable cause and I do not believe that you have it. Past behavior is not sufficient to create a credible threat to your employees. It looks like there is simply a fear that this pers…
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I have used a probationary period to some effect. Give the employee a set period of time and tell them that they must improve in that time and must not do (*******) whatever it is that you want to stop. If they do not improve or if they continue t…
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Negative is different things to different people. When you are in a tough situation, you may well come off more negative than you know. Think of a person going through a divorce. Their world is crashing and that is all they want to talk about. F…
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Candidate who run down their current employer are a red flag at interviews. Try this. Tell a prospective employer that you have had difficulty in adjusting to the "culture" of this workplace. We all know that the Japanese bring their own culture …
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Going back to my earlier comment, a picture of this type can form part of a basis for reasonable suspicion. Privacy concerns really do not come in for pictures posted for all to see. Talk to your staff about habits. Is the person habitually late,…