Tracking Employee Life Cycle

How are you engaging and retaining employees? The HR landscape is constantly changing. With each new generation that enters the workforce, expectations change. Read this blog post from SHRM to learn more about tracking the employee life cycle.


We who study Employee Engagement are consistently looking for trends in hiring and the direct effect on retention. The Human Resource landscape is slippery, no other profession is tasked with such a diverse cycle of management skills. The ability to find great talent, train, engage and promote are an unenviable set of tasks. Recruiters mirror salespeople, Total Rewards professionals have to have an acumen for numbers and the disparate technologies that represent the progression from hiring through promotion can make one's head spin.

So, we stare down the inevitable:

How do we create a synchronized strategy from recruitment to retirement.... ????

Let's start with the job market....

As a new generation of talent enter the workforce are expectations changing?

Are those escalated in age better equipped with irreplaceable experience?

Is a recession coming?

Do elite talents have any interest in job-hopping?

Those who are great at what they do are probably not interested in switching jobs and there are others who simply do not have the proper qualifications. So, staffing professionals are tasked with finding people who are qualified, able to engage and humble in their entry-level financial expectations.

Prospective employees have a few simple expectations:

  • A product/service they believe in
  • Leadership that is visionary yet receptive to change
  • A culture of transparency
  • A manager they enjoy serving

Sounds simple enough but the ability to pull together these traits under a common mission is difficult. Companies are often great at producing quality products but lacking in employee development. Again, our staffers are called upon to sell the good qualities of the company while side-stepping what isn't working.

Sustaining Engagement....

Getting them in the door is one thing. Delivering on promises is another.

Once employees are trained, they need to develop the confidence to acclimate to the culture. Our extended HR team has to sustain the attraction of the hiring process with technology that is accessible and intuitive. HR is then called upon to make sure there is a vessel for strong manager/employee communication while keeping leadership abreast of the action in the trenches.

Take inventory:

  • Does training scale to specific functional traits while enhancing soft skills?
  • Is your Human Capital Management technology integrated and engaging?
  • If employees and managers aren't on the same page, how will you know?
  • Does your CEO recognize general employee goals?

Train, Reward, Challenge and Eliminate Silos!

Seeing departures before they happen.....

If exit interviews are part of your engagement strategy, you are a step behind. The popular counter is to have HR integrate "stay interviews". If you need to administer a survey for employees to validate your existence, your workplace relationships might be fractured.

Managers should have an accountability plan for their employees that is more parts celebration of achievement than calling out deficiencies.

Recognize in public, discipline is private.

If in every day you leave people with a firm understanding of what is working and where they need development, there is no guesswork. People know when they haven't performed to their fullest potential, calling them out twice a year doesn't work.

Ask yourself: do our hiring enticements continue through our day-to-day engagement proposition?    

We all just want to represent something we believe in among people we respect and an ever-evolving challenge cycle complete with rewards at every step of progression.

Originally published on Dave's Weekly Thought blog.

SOURCE: Kovacovich, D. (6 August 2019) "Tracking Employee Life Cycle" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/tracking-employee-lifecycle


Commercial Risk Advisor - August 2019

Dress Code Policy Considerations

Clothing and fashion choices can be a fun way for your employees to express themselves while also helping them feel comfortable. But, not all types of expression and comfort are appropriate for the workplace.

The reasons for establishing a dress code can vary, whether maintaining professionalism or guaranteeing safety. Regardless of why your company might need one, it’s important to put thought into crafting your dress code.

Think about these five considerations when putting together a fair and appropriate dress code:

  • Safety—Keep the work environment free of any unnecessary hazards. For example, do not allow employees working with machinery to wear loose jewelry. Also, require appropriate footwear when necessary, such as steel-toed boots or non-slip shoes.
  • Equality—Your employees may come from a wide variety of backgrounds. Make sure that your dress code does not discriminate when it comes to race, religious beliefs and employees with disabilities. Apply the same standards for men and women.
  • Culture—When drafting your dress code, be consistent with the culture and image that your company projects. An organization that claims to be casual and relaxed should think twice before implementing a formal dress code.
  • Balance—You want your workplace to be professional, but you also want your employees to be comfortable. It makes sense to ask employees to wear a suit if meeting with a big client, but otherwise, consider letting them dress down.
  • Current social norms—Understanding current social norms are important. For example, in today’s society, many candidates may have tattoos or piercings. Talk about what is acceptable for your company. A dress code that is too strict can have a negative effect on your organization recruiting top talent.

Four of the 10 costliest hurricanes in U.S. history have occurred in the past decade.

Preparing for Hurricane Season

Hurricane season runs from June through November and brings plenty of risks. Threats relating to hurricanes don’t only apply to homeowners and aren’t limited simply to physical damage either.

There are plenty of ways that a storm can blow away your business. According to FEMA, over 40% of small businesses never reopen after a disaster, and 90% close within a year if they aren’t able to reopen within five days.

An organization that claims to be casual and relaxed should think twice before implementing a formal dress code.

Protect your company and your employees by taking these steps to be as prepared as possible:

  • Reinforce your workplace from weather hazards with things like window shutters to block flying debris, and sandbags to absorb floodwater.

  • Have an emergency response plan in place and make sure that your employees are trained to follow it. Emergency response plans can include steps such as establishing warning and evacuation procedures, ensuring reliable means of communication, and having supplies such as food, water, flashlights and batteries on hand.
  • Beyond protecting your employees and your physical workplace, it is also important to ensure that your business can function following a hurricane. Back up your data off-site regularly, and test the recovery process to make sure that everything is working properly.
  • Make sure that you are prepared to contact the correct people to get back on your feet. Try to connect with a contractor or restoration company before a hurricane strikes.
  • Even if your business is prepared for a hurricane, others might not be. Companies that you partner with or rely upon could be damaged and hinder your own ability to function. Talk to other businesses that you work with and make sure that they have contingency plans.

An organization that claims to be casual and relaxed should think twice before implementing a formal dress code.

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Sabbaticals Can Benefit Employees and Employers

Have your employees taken a sabbatical before? Sabbaticals are extended breaks from work without an employee actually leaving their position, allowing employees to take time to travel, spend time with family, volunteer, etc. Continue reading this blog post from UBA for how sabbaticals can actually benefit employees and employers.


While many employees may be dreaming of a short summer vacation, others could have a longer block of time off in mind. Sabbaticals, whether paid or unpaid, are extended breaks from work without leaving a position. A sabbatical gives an employee the opportunity to take time to travel, spend time with family, do something meaningful or volunteer, pursue a long-held goal, learn something new, or simply recharge.

Many employers would agree that a recharged employee is a more engaged and productive employee. In fact, some firms require newly promoted senior employees to take a sabbatical before beginning their next role. And one noted example, designer Stefan Sagmeister, closes his studio for a full year every seven years. It might be the most direct modern use of the origin of the word sabbatical, which come from the Hebrew word forrest and relates to the practice of letting land lie fallow for a year every seven years so it can remain productive.

Beyond fallow time for land, the idea of a sabbatical has been around for years, particularly in academia says Fast Company. Still, Workforce reports that in 2017 less than 20 percent of companies offered a sabbatical program. Most offer them to certain employees, like those getting a promotion to senior level, or management who’ve served over five years. It’s interesting to note, though, that the number jumps to a quarter of employers on a list of 100 best companies to work for compiled by Fortune.

A company without an explicit sabbatical policy may want to consider developing one, or can expect to be asked about it, says the Harvard Business Review. For an employee who presents a well-considered proposal and is able to show their value to the company, it may be a wise investment. When weighing the value of the sabbatical for the employee, consider what may be in it for the employer, like the acquisition of new skills or perspectives, that can be brought back to the workplace. Employees who have successfully taken a sabbatical report feeling more resilient, focused, ambitious innovative, and engaged. They’re also more appreciative of their workplace and employer, which can lead to improved employee loyalty and retention.

A sabbatical program would be appealing to new hires, especially in a tight job market or when recruiting Millennials, who value meaning over making money. In order to not miss out on a qualified candidates, consider a gap in a work history with curiosity about a potential sabbatical they’ve taken, says The Muse. If your company is ready to support a sabbatical, just be sure the recipients have a plan for limiting impact on other employees so burnout isn’t simply transferred or resentment created. Be mindful, too, that the employee is aware of whether an extended leave would impact promotion or raise timing.

Not ready to offer a longer-term paid sabbatical? An employee may be open to an unpaid sabbatical. If that’s not an option, encourage employees to take their vacation time since more than half of workers finished 2018 with unused time off. Or, create one day a month or even an hour a week that’s dedicated to non-required tasks or meeting expectations. See what your employees can do with time delegated to freedom to explore.

Read more:

Thinking About Taking a Sabbatical? Here’s What You Need to Know

Should You Take a Sabbatical? 3 Women Weigh In

How to Ask Your Boss for an Unpaid Leave to Travel, Study, or Spend Time with Family

Sabbaticals Help Fight Employee Burnout

SOURCE: Olson, B. (9 July 2019) "Sabbaticals Can Benefit Employees and Employers" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/sabbaticals-can-benefit-employees-and-employers


Are your job posts designed to recruit the best talent?

Did you know: There are some 7.6 million unfilled jobs in the U.S., according to the U.S. Department of Labor. Poorly written job postings may be one of the reasons employers are having trouble filling open jobs. Read this blog post for more on job post design.


With job postings, it’s not what you say, but how you say it, which makes all the difference.

There are some 7.6 million unfilled jobs in the U.S., according to the U.S. Department of Labor, and poorly written job postings are the reason many employers are having trouble filling those open jobs, according to Katrina Kibben, CEO of Three Ears Media, a company that teaches recruiters how to become better writers.

“Most job postings are filled with clichés and B.S.,” Kibben said Thursday at the Greenhouse Open Conference, a gathering of HR professionals in New York City. “The most successful job postings have a heartbeat, and they spell out what’s expected from the candidate.”

Kibben said traditional job postings rely on the same tactics — all of which are ineffective. She said the majority of posts start out with “brand-first tone and jargon” in an attempt to attract talent. For example: “ABC seeks a collaborative, responsive, and dynamic non-profit development professional to lead the RCS community as our Chief Development Officer.” Kibben said this job description won’t engage potential applicants.

“It’s lame, and it doesn’t tell them why they should want to work for you,” Kibben said. “Some companies rely on brand recognizability, like Fortune 500 status, but that’s not enough to get the passionate candidates you want.”

Kibben provided a better example of an engaging job post: “Raising money isn’t everyone’s cup of tea. We’re looking for someone who’s ready to boil the water, sweeten the pot, and share the love of raising money with an enthusiastic team supporting an important cause.”

Bullet points were another typical job post feature Kibben recommended recruiters kill. While they make organizing information simple, Kibben said they don’t provide candidates with enough information about the job, and why they should apply.

“Your competitor likely has the exact same bullet points, so you need to find a way to tell candidates why you’re different from them,” Kibben said.

The way a job title is worded impacts how many applicants will see job postings online; employers who want the best visibility need to use search analytics to decide on a title, Kibben said. She recommended Google Trends because it shows searchers how often people in different regions searched for specific keywords. Sometimes, employers will find that the words they’re using are turning up searches for something entirely different.

“The phrase ‘customer service,’ for example, tends to bring up complaints, not job listings,” Kibben said. “You’ll want to adjust the wording so the candidates with the skills you want can find you.”

SOURCE: Webster, K. (17 June 2019) "Are your job posts designed to recruit the best talent?" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/are-your-job-posts-hiring-the-best-employees


Was Your Company Trashed Online? What to Do with Workers’ Negative Reviews

How does a company react after being trashed online by negative employee reviews? A survey from Bayt.com revealed that 76 percent of professionals research a company online before considering a job there. Read this blog post from SHRM to find out how your company should react to workers' negative reviews.


Online reviews proliferate for everything from rent shares to restaurants, and corporate cultures are hardly immune: Sites like Glassdoor, Indeed and Vault give disgruntled employees a platform to expose the underbelly of their organizations' managers and practices--whether fairly or not.

"Job candidates and employees are now empowered to provide instant feedback on employers, at any time, and they can rate a company's culture and management just as they rate a hotel, restaurant or movie," said Jeanne Meister, founding partner of Future Workplace, a New York City-based HR executive network and research firm.

And these reviews can potentially be seen by untold numbers of job candidates.

A survey from Bayt.com—a job board for positions in the Middle East—found that 76 percent of professionals research a company online before considering a job there. An Indeed survey shows that 83 percent of job seekers will probably rely on company reviews to decide if they should apply to a job.

If negative reviews threaten a business's brand, reputation and future hiring prospects, what's a company's recourse? And what if the review is accurate about a negative aspect of working for your company?

What If a Reviewer Lies?

Robin Richards, co-founder of CareerArc, an HR technology company based in Burbank, Calif., suggests two options if a company spots a fraudulent review:

1. Flag it. On its website, Glassdoor says that employers "can flag [a review] directly and our Content team will give it a second look. If we find that we missed something the first time, we'll take it down."

Typically, Glassdoor removes a post if it violates the company's guidelines or terms of use. For instance, if a poster:

  • Misrepresents his or her current or former affiliation with an employer.
  • Posts content that's defamatory, libelous or fraudulent; that the poster knows to be false or misleading; or that does not reflect the poster's honest opinion and experience.
  • Discloses information that violates legally enforceable confidentiality; nondisclosure or other contractual restrictions; or rights of any third party, including any current or former employers or potential employers.

2. Respond to it. "This may be the most effective course of action," Richards said. "Simply being aware of negative comments is not enough. Today, [potential job] candidates expect a reply. Sixty-two percent say reading a response improved their perception of an employer, according to one Glassdoor survey."

The response should be prompt. To that end, companies should create alerts that notify them immediately when they're mentioned publicly in a post or on social media. Leaders should also ask workers to notify them, or HR, if they spot posts that could harm the company.

What If the Review Has Merit?

Responding too swiftly might not be the best course of action, however, if a review makes an allegation that has merit. If reviewers can provide evidence supporting a negative posting, an employer's defensiveness will only reflect poorly on the business.

"Make sure to not be combative and to consult with your legal team before responding to any serious claims, such as harassment or discrimination," Richards said.

Do show appreciation for the feedback.

"Listen to what the review has to say," Richards said. "The worst thing to do is ignore a bad review simply because it's negative. Keep an open mind and investigate if there are merits to the claims. They may represent real opportunities for change that could genuinely improve your company culture."

And if companies do make improvements, he said, share those actions on the site where the bad review appeared.

Finally, companies may want to ask current employees to respond to a critical review by posting positive reviews.

"Encourage employees to share why they love working at your company," Richards said.

But, Glassdoor warns, "we do not allow employers to incentivize or coerce employees to leave positive reviews."

If a review is especially nasty, or is starting to receive media attention, consider issuing a press statement to address and, if applicable, refute the issues that the post raised.

Legal Considerations

If a company isn't satisfied with how a review website responds to its complaints, it may want to pursue legal action, such as a cease-and-desist order.

But be aware that the courts have ruled that employees' complaining about their company to try to improve working conditions is protected speech. And posting personnel file details about a current or former worker could violate privacy.

Also, many websites allow reviewers to discuss companies' senior leaders by name, though not anyone below that level.

Glassdoor notes that the law protects such websites from responsibility for the content that users submit, and "If you sue our users and ask us to tell you who they are, we object and often fight in court to protect their anonymity."

Richards also recommends that employers:

  • Analyze comments on employer rating sites to inform HR strategy.
  • Listen carefully to current employees so you know what makes them happy and what doesn't.
  • Assign a team to analyze and respond to positive and negative feedback on employee satisfaction surveys.

"In much the same way that marketing departments have become customer-centric, human resource departments must treat their employees as customers and continuously use listening platforms to better understand employees needs and wants," Meister said.

"This means ending the once-a-year employee survey and replacing it with continuous, monthly or weekly surveys. It means a relentless focus on transparency and responsiveness in the workplace. As more employees use an expanding set of these employer rating sites," she said, "power is shifting from the employer to the employee."

SOURCE: Wilkie, D. (13 June 2019) "Was Your Company Trashed Online? What to Do with Workers’ Negative Reviews" (Web Blog Post). Retrieved from: https://www.shrm.org/ResourcesAndTools/hr-topics/employee-relations/Pages/negative-workplace-reviews-.aspx


What HR can do about the measles — and what it can't

A recent report from the Centers for Disease Control and Prevention (CDC) shows that measles has been confirmed in 26 states since the beginning of 2019. This affects not only schools, medical facilities and public areas, but also the workplace. Read on to learn what HR can do and cannot do about the measles.


After decades of near-eradication in the U.S., measles is making a comeback. Its return affects not only schools, medical facilities and public areas, but also the workplace.

As of May 24th, there were 535 confirmed cases of measles in Brooklyn and Queens since September, according to the New York City Department of Health and Mental Hygiene. On the other side of the country, the Los Angeles Times recently reported a confirmed case of measles linked to Google's Mountain View campus.

Measles has been confirmed in 26 states since the start of 2019, as of May 24, according to the Centers for Disease Control and Prevention (CDC) — the greatest number of cases reported in the U.S. since 1994; measles was actually declared eliminated in 2000.

Given that measles is "very contagious" and can lead to serious health complications, HR needs to know how to keep employees safe while at the same time remaining in compliance with all applicable health privacy and anti-discrimination laws.

Measles transmission and symptoms

"Measles spreads when a person infected with the measles virus breathes, coughs, or sneezes," said Martha Sharan, Public Affairs Specialist at the CDC, speaking to HR Dive via email. "It is very contagious. You can catch measles just by being in a room where a person with measles has been, up to two hours after that person is gone. And you can catch measles from an infected person even before they have a measles rash."

In addition to a fever that can get high, Sharan said, other possible symptoms include cough, runny nose, and red eyes; a rash of tiny red spots that starts at the head and spreads to the rest of the body; diarrhea; and an ear infection.

Can employers require vaccinations?

In general, requiring employees to get vaccinated is a legally risky proposition for employers; there are some limited exceptions for employers in the healthcare field.

However, many employers — particularly those in the healthcare field — are "starting to be a little more aggressive in terms of asking employees whether they have been vaccinated as the [measles] outbreak continues and in some cases continues to grow," according to attorney Bradford T. Hammock, a shareholder at Littler Mendelson P.C.

"Employers must be very careful about these types of inquiries, but some healthcare employers have made the determination that this is permissible under the [Americans with Disabilities Act] as job-related and consistent with business necessity," Hammock said. He added that employers must also be aware of state and local considerations.

Steve Wojcik, VP of public policy at the National Business Group on Health, said the current concern about measles provides employers with an excellent opportunity to communicate the importance of vaccines and immunizations generally. "Remind employees that the measles vaccine is free, essentially, with no cost-sharing as it is one of the preventive services under the Affordable Care Act. It's a good reminder about preventive services in general."

Wojcik added that employers should encourage employees to check their specific vaccination records to confirm not only that they have received the measles vaccine, but that they have been effectively vaccinated. "Depending on age and when you were vaccinated, some early vaccines may not have been as effective as once thought," he said. Wojcik said that employees born in or before 1956 are assumed to have been exposed to the measles at some point and have some natural immunity, but in the early 1960s, the measles vaccine was "not so good," he said. "It's not as simple as flu or other vaccines."

If your workplace has been exposed

Whatever you do, "be incredibly careful about privacy," said attorney Carolyn D. Richmond, a partner at Fox Rothschild LLP. "Don't go announcing that 'Joe Smith has measles!'" Instead, Richmond advised, "call the local department of health first and find out what they have to say. Every jurisdiction has little tweaks that may affect reporting."

While you can send out a notice to employees stating they may have been exposed to measles, "again, be super careful and don't hint who it might be," she cautioned. "Your local health department will be able to tell you what you can say."

Get your leave policies in order

"Those sick with measles should stay at home for at least four days after developing the rash," said Sharan. "Staying home is an important way to not spread measles to other people. They should talk to their doctor to discuss when it is safe to resume contact with other people."

Wojcik recommended working from home and flexible work arrangements for employees who may have been exposed, particularly those who live in (or have traveled to) areas with known outbreaks. Richmond also suggested providing PTO or work-from-home arrangements for employees who have not been vaccinated or who are immunocompromised.

"We assume that those with measles will absent themselves from the workplace, and an employee with measles may be out for a number of days or longer. Follow your policies and practices with return to work," Richmond told HR Dive in an interview.

Stay in touch with your local health department and the CDC

"Continue to be in contact with your local health department, and follow along with the CDC in terms of guidance," advised Hammock. "Depending on the status of the measles outbreak in your particular area, the analysis may be different."

Richmond concurred. "Contact your local health department and your local counsel — and contact your local health department first. The bottom line is privacy, privacy, privacy."

SOURCE: Carsen, J. (29 May 2019) "What HR can do about the measles — and what it can't" (Web Blog Post). Retrieved from https://www.hrdive.com/news/what-hr-can-do-about-the-measles-and-what-it-cant/555219/


How to Respond to the Spread of Measles in the Workplace

How are you responding 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. Continue reading 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


Working from home for medical reasons poses challenges for employers

There has been an 11 percent increase in remote work since 2014, according to SHRM. This increase in remote work is posing new challenges for HR teams when the request is due to medical reasons. Read this post to learn more.


While working from home has become much more popular in recent years – an 11% increase just since 2014, according to SHRM – this can pose challenges for HR teams when the request is due to medical reasons.

Even if your workplace has guidelines for remote workers, requests to telecommute as an accommodation must be carefully reviewed to assure you’re in compliance with ADA regulations

The ADA prohibits discrimination in employment based on disability, and requires employers to provide reasonable accommodations to applicants and employees. A reasonable accommodation entails any changes in the work environment, or in the way things are customarily done, which enables an individual with a disability to enjoy equal employment opportunities.

In these cases, it’s important for both the HR rep and a physician to gather information about the accommodation request to gauge if telecommuting is medically necessary or simply a personal preference.

The HR rep needs to gather specific information from the employee, including the following:

  • Explanation of why it’s medically necessary to work from home
  • The essential job functions the employee finds challenging to perform in the office
  • The duration of the request to work from home
  • Whether telecommuting for a period of time enables the employee to return to work in the office and perform essential functions of the job
  • Confirmation that they have a dedicated workspace with phone, Wi-Fi and other essential technology

Meanwhile, the physician should gather certain information from the HR rep, including:

  • A description of the medical condition
  • How working from home will help the employee better manage that medical condition and perform the essential job functions
  • The restrictions (things the employee cannot do) and limitations (things the employee should not do)
  • Why the employee can work from home but not in the office
  • How long the employee will require the accommodation (short or long term)
  • Likelihood that the employee will ever be able to perform their essential job functions from the office

With more offices adopting an agile model with open workspaces, employees now have more natural lighting, feel less cramped and have more opportunity for collaboration with their colleagues. However, these advantages to many people can be challenges for others.

Light and odor sensitivity, as well as distractions, are some of the most frequent triggers of medical conditions that drive the need for accommodations. In many cases, some simple modifications to the workplace can help solve or alleviate some of the employee’s challenges.

Light sensitivity, or photophobia, is intolerance to light, which can cause a painful reaction to strong lighting. Adjustments can be made to help alleviate this, including head lighting modifications, window shading, cubicle shields for fluorescent lights, polarized glasses and/or prescription eyewear.

Odor sensitivity is another common issue in open workspaces – especially for employees who previously were in a contained space with infrequent interaction with colleagues. Consider workplace signage prohibiting perfume or cologne in the office, enforcing a fragrance policy, air purifiers throughout or in select areas, a transition to scent-free cleaning products, or upgrading the ventilation system in the office to allow more air flow. For food smells, ask employees to eat in a designated area and not bring food to their workspace.

Distractibility is the inability to sustain attention or attentiveness to one task. With agile workspaces often involving moving around frequently or being positioned in a high-traffic area, this can be challenging to some employees. Consider providing noise-canceling headphones, white noise machines, cubicle shields, noise barriers or an adjustment to the office configuration. Consider allocating space within the open work plan that’s off-limits for meetings and away from heavy foot traffic.

While agile workspaces have many benefits, they can pose challenges to your workforce. It’s your responsibility to work with employees to accommodate medical requests which may result from light sensitivity, distractions or even odors. Following these simple tips can help assure a healthy, happy and productive workplace for your team.

SOURCE: Holliday-Schiavon, K. (23 May 2019) "Working from home for medical reasons poses challenges for employers" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/remote-work-for-medical-reasons-challenging-for-employers


Employers Must Report 2017 and 2018 EEO-1 Pay Data

Employers are required to report their pay data, broken down by race, sex and ethnicity, from 2017 and 2018 by September 30. Read this blog post from the Society for Human Resource Management (SHRM) to learn more.


The Equal Employment Opportunity Commission (EEOC) has announced that employers must report pay data, broken down by race, sex and ethnicity, from 2017 and 2018 payrolls. The pay data reports are due Sept. 30.

Employers had been waiting to learn what pay data they would need to file—if any at all—as litigation on the matter ensued. A federal judge initially ordered the EEOC to collect employee pay data for 2018. The National Women's Law Center (NWLC) and other plaintiffs wanted the EEOC to collect two years of data, as the agency was supposed to under a new regulation before the government halted the collection in 2017.

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia sided with the plaintiffs and gave the EEOC the option of collecting 2017 pay data along with the 2018 information by the Sept. 30 deadline or collecting 2019 pay data during the 2020 reporting period. The EEOC opted to collect the 2017 data.

The agency said it could make the collection portal available to employers by mid-July and would provide information and training to employers prior to that date.

Immediate Steps

"We are awaiting confirmation from the EEOC or the contractor it is hiring to facilitate the pay-data collection on how to lay out the data file for a batch upload," said Alissa Horvitz, an attorney with Roffman Horvitz in McLean, Va.

But employers should take some steps immediately. They should reach out to their subject-matter and technical experts and pull together resources to ensure that the required data components can be captured, analyzed and reported by Sept. 30, said Annette Tyman, an attorney with Seyfarth Shaw in Chicago.

Filing the additional reports will impose unanticipated burdens for HR, IT and legal departments, as well as third-party consultants, she noted. "It is unclear whether any further litigation options will impact the Sept. 30 deadline, and we are instructing employers to assume they must comply."

Employers should keep in mind that they still must submit their 2018 data for Component 1 of the EEO-1 form by May 31, unless they request an extension. Note that the EEOC recently shortened the extension period for employers to report Component 1 data from 30 days to two weeks. So the extension deadline is now June 14.

Component 1 asks for the number of employees who work for the business by job category, race, ethnicity and sex. Component 2 data—which includes hours worked and pay information from employees' W-2 forms by race, ethnicity and sex—is the subject of the legal dispute.

Data Collection

Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file the EEO-1 form. The EEOC uses information about the number of women and minorities companies employ to support civil rights enforcement and analyze employment patterns, according to the agency.

The revised EEO-1 form will require employers to report wage information from Box 1 of the W-2 form and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands.

The reported hours worked should show actual hours worked by nonexempt employees and an estimated 20 hours per week for part-time exempt employees and 40 hours per week for full-time exempt employees.

"Filling out the added data in the EEO-1 form will present a large amount of work, especially as there's great potential for human error when populating the significantly expanded form," said Arthur Tacchino, J.D., chief innovation officer at SyncStream Solutions, which provides workplace compliance solutions.

Employers should start looking at their data now and conduct an initial assessment of their systems, said Camille Olson, an attorney with Seyfarth Shaw in Chicago. Identify the systems that house the relevant demographic, pay and hours-worked data and determine how to pull the information together, she said.

Pulling EEO-1 data is much simpler for Component 1, she noted, because it only involves reporting the employer's headcount by race, ethnicity and sex—whereas collecting pay information involves more data points. Additionally, employers may use different vendor systems at different locations, some employees may have only worked for part of the year, and other employees may have been reclassified to exempt or nonexempt.

"Employers may want to inquire with their current vendors—payroll or otherwise—or look for outside vendors that may be able to assist them with this reporting requirement," Tacchino said.

Under some circumstances, employers may be able to seek an exemption (at the EEOC's discretion) if filing the information would cause an undue burden. "Mega employers" may not be able to show an undue burden, but this could be an option for smaller businesses, said Jim Paretti, an attorney with Littler in Washington, D.C. But that will depend on how the parties decide to move forward.

The Court Battle

The EEO-1 form was revised during President Barack Obama's administration to add the Component 2 data, but the pay-data provisions were suspended in 2017 by President Donald Trump's administration. The NWLC challenged the Trump administration's hold on the pay-data collection provisions, and on March 4, Chutkan lifted the stay—meaning the federal government needed to start collecting the information.

On March 18, however, the EEOC opened the portal for employers to submit EEO-1 reports without including the pay-data questions. Chutkan subsequently told the government to come up with a plan.

The EEOC proposed the Sept. 30 deadline for employers to submit Component 2 data, claiming that the agency needed more time to address the associated collection challenges. Furthermore, the EEOC's chief data officer warned that rushing the data collection may yield poor quality data. Even with the additional time, the agency said it would need to spend more than $3 million to hire a contractor to provide the appropriate procedures and systems.

Robin Thurston, an attorney with Democracy Forward and counsel for the plaintiffs, said at an April 16 hearing that the plaintiffs don't want the agency to compromise quality. But they also wanted "sufficient assurances" that the EEOC will collect the data by Sept. 30.

On April 25, Chutkan ordered the government to provide the court and the plaintiffs with periodic updates on the EEOC's progress and to continue collection efforts until a certain threshold of employer responses has been received.

SOURCE: Nagele-Piazza, L. (2 May 2019) "Employers Must Report 2017 and 2018 EEO-1 Pay Data" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/eeo-1-pay-data-report-2017-2018.aspx