February 2018
Leave Management & Peace of Mind
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Greetings!
This edition of our newsletter is dedicated to addressing
Leave Management & Peace of Mind
.
We are confident you will find value in this information. If you do, please forward this email on to those who you believe could also benefit from the content. Have an HR topic you would like to see in an upcoming newsletter, send us an email with your request and we will be happy to consider the topic for future communications.
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Preparing for the Worst...
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You don’t have to look far in any form of media to hear about the unfortunate events in recent days and weeks across the country with mass shootings resulting in the loss of lives at schools, businesses, and public places in 2018. Data informs that there have already been 30 mass shootings in the United States since January 1, 2018 (4 or more deaths or injuries).
There is a significant difference between what can be done to stop this behavior, and what can be done when an incident takes place. Little to nothing can be done to prevent or stop mass shootings, but you can take steps as business leaders to educate and prepare your workforce on how to respond when an incident happens. The value and appreciation you will receive from your employees when you educate and train
them on how to protect themselves, their families, and their employer is tremendous. The adage “an ounce of prevention is worth a pound of cure” seems appropriate here.
SymbianceHR recognizes the serious impact on your business and your workforce when an event happens. Therefore, we have taken a proactive strategic approach to engage one of our Human Management Capital Consultant’s and strategic partner
GSL Enterprises
to provide a customized solution to address the education, training, and planning of an Active Shooter Response Plan. To learn more about this program, please contact
Jennifer
or
Gabe
.
Article by Jennifer Cook, Director of Operations
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Unlimited Paid Time Off (PTO)
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There seems to be an endless list of employment practice decisions to make to meet the needs of your organization. This includes considerations for attracting and hiring talent, retention, and a comprehensive benefits program that supports a healthy life work balance. Leave policies serve several purposes, including improved morale, productivity, and cost savings. There are considerations to make when exploring a migration away from a discretionary limit of paid time off and an unlimited practice.
Included in these considerations must be company culture, accountability, performance management, regulatory obligations, operational needs, and financial liability.
When implementing an unlimited paid time off policy, be certain to account for the following: (1) the impact of Federal or State FMLA leave; (2) the impact of mandatory State leave laws related to sick time, domestic abuse, jury duty, etc.; (3) the impact of Short Term Disability plan design and benefits; (4) the impact on disciplinary or corrective action policies; and (5) the impact on your financial obligations and budget.
You can achieve an effective balance between the risk and the rewards of an unlimited policy if you place maximum limits related to specific workplace events and design a request and approval process that ensures fair and consistent application of the policy. You need to avoid creating a culture of guilt which prohibits use of the policy and diminishes the value, create specific blackout periods for which time may not be taken, and most importantly train and communicate all aspects of the policy to the workforce regularly to reinforce the benefits and expectations for effective use. Ultimately, the success or failure of this policy will depend on the effective management and enforcement of the policy and procedures by your supervisors.
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Leave Policies & State Law
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Productivity of the workforce is a critical component of business success. Managers have the responsibility to allocate available human resources to perform tasks and activities in the production and delivery of the products or services of the company. A real obstacle and challenge to being successful in resource allocation is the gaps created due to employee absences, either planned or unplanned. Historically, a business would have a vacation and sick leave policy, or perhaps amore progressive paid time off policy, and these policies were intended to accomplish two goals. Provide a benefit to the employee and limit absences of the workforce.
The regulatory landscape is changing quickly, and business leaders must take note of these regulatory changes to leave laws that directly impact their workplace obligations, employment practices, and perhaps most critically their cash flow and budgets.
In recent weeks we have seen Maryland pass new mandatory sick leave regulations providing little time for businesses to adjust. Laws also exist today in Arizona, California, Connecticut, Massachusetts, New York, Oregon, Rhode Island, Vermont, Washington, and Washington DC.
As business leaders, review your current leave policies, practices, and procedures to ensure both the employees and supervisors understand their rights and obligations. Review and revise employee handbooks to align with new regulations and train the workforce.
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With the ever-changing leave practices and obligations of organizations across the country, it remains critical for your business to manage not only appropriate and compliant employment practices to support workforce absences, but also how these employees return to the workforce. Managing the risk associated with an employee who returns to work as a risk to further injury to themselves or others can be challenging. Exposure to workers’ compensation liability and other risks in the workplace can be avoided by developing and implementing a clear and consistent practice around how an employee is permitted to return to work after an injury or illness that has them out of work for a specific period.
The foundation for a return to work program is your job description and physical demands of the position. This documentation becomes the fundamental information necessary to an attending physician to determine when an employee can return to work without restrictions or accommodations. As an employer, you want to ensure you provide the employee and their attending physician adequate information to make an informed decision. Similarly, you will be well served to establish a policy and procedure describing how to return to work, what the requirements are such as documentation and communication, and who is the primary liaison for the business to facilitate the return. Training and refresher communications are beneficial and effective to inform the workforce and develop a consistent practice. Review your policies and procedures periodically to ensure they remain compliant with current legislation.
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Harassment Prevention and Management Training
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There isn’t a news channel you can watch or a social media website you can review without hearing about new allegations or terminations based on sexual harassment. This social trend is going to get worse long before it gets better, and it is up to you to take the appropriate action to protect your business and educate your workforce.
Both supervisors and employees have responsibilities and obligations in working together to prohibit and address concerns and allegations in the workplace. If you haven’t provided refresher training, or have been remiss in providing any harassment prevention training to your workforce, it is time to get this scheduled today.
You can get this training for your business by contacting Jennifer Cook, Director of Operations, by calling 888-343-7340 or by email at
[email protected]
. You can also explore
other training programs we offer
, or call to discuss your needs and we can customize a training just for you!
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Regulatory Updates
The EEOC is BUSY!!!!
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The Equal Employment Opportunity Commission has demonstrated an increase in enforcement activity. Take a look at some recent cases. Why do we share this with you? Because your business has the same obligations to ensure employment practices are compliant.
PHILADELPHIA — Aqua Resources Inc., a Delaware-based water and wastewater service company, will pay $150,000 and provide significant equitable relief to settle a federal racial harassment and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
The EEOC said that a white superintendent and white foremen at Aqua Resources’ Bear, Del., facility repeatedly made derogatory and offensive comments to and about an African-American foreman and black employees, including calling them racial epithets such as “n----r,” “monkey,” and “boy.”
BALTIMORE – XPO Last Mile, Inc., a logistics company that specializes in the delivery of items such as office furniture, home furnishings and fitness equipment, will pay $94,541 and furnish significant relief to settle a federal religious discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.
According to the EEOC’s suit, XPO Last Mile’s operations manager offered an applicant a dispatcher/customer service position at its Elkridge, Md., office and told him his start date would be on Oct. 3, 2016. When the applicant told the operations manager he could not start work then because he celebrated the Jewish holiday Rosh Hashanah on that date, the operations manager replied that he thought it would be acceptable for the applicant to start on Oct. 4. Later that evening, however, the market vice president called and told the applicant that the company would not give him a religious accommodation. XPO Last Mile violated federal law when it revoked its offer of employment because the applicant was unable to work on Rosh Hashanah due to his religious beliefs, the EEOC said.
Plastics Manufacturing Company Fired Materials Handler Because She Complained About Sexual Harassment, Federal Agency Charged
BALTIMORE – Plastipak Packaging, Inc. will pay $90,000 and furnish significant equitable relief to resolve a federal retaliatory discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.
The EEOC charged that Plastipak fired a female employee, who had been placed by a temporary agency, because she complained that one of its employees had sexually harassed her. Rather than investigating her complaint, the EEOC said, Plastipak terminated her assignment.
Car Manufacturer Refused to Hire Laborer Because He Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charged
BALTIMORE – Volvo Group North America, LLC, will pay $70,000 and furnish significant equitable relief to settle a federal disability discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s suit, Volvo made a conditional job offer to a qualified applicant -- who was also a recovering drug addict enrolled in a supervised medication-assisted treatment program -- for a laborer position at its Hagerstown, Md., facility. During his post-offer physical examination, the applicant explained that he was taking medically prescribed suboxone. However, Volvo failed to conduct an individualized assessment to determine what effect, if any, the suboxone had on his ability to perform the job. When the applicant reported for his first day of work, Volvo informed him that it could not hire him because of his suboxone use, the EEOC said.
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2018 Diversity & Inclusion Conference and
Award Ceremony
Tuesday, July 10, 2018
DOVER DOWNS, DOVER, DELAWARE
We are pleased to announce
Warren Cook
will be a presenter at the DE SHRM 2018 D&I Conference. Warren will be the General Session speaker. Join us for "Got Diversity. Get Inclusion" and learn how you can create a competitive business advantage and enhance engagement with Inclusion strategies for your organization.
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Symbiance
HR
Your Challenges. Our Solutions. A Successful Relationship
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Are you CONFIDENT your employment practices are compliant? If not,
SymbianceHR
is here to help you.
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