This week, questions in HR Base Camp and the HR Solution Center covered employee medical issues, details of employee pay requirements, and reinstating employees who left on bad terms. Here’s the breakdown of our top HR Q&As:
An employee was getting sick at work every day and the noise it created could be heard by others in the office, including patients.
Answer: We understand how concerning this can be, both for your employee’s health and the way your business is affected. We want to start off by saying that you should not make any assumptions about what the employee’s medical condition is. Medical issues are broad and varied, and there’s no way for you to know what kind of condition it is without information from the employee.
We recommend having an open conversation about the objective issues you’ve observed (i.e. we’ve noticed you’ve spent a lot of time away from your workstation and have heard you being sick in the bathroom) and then ask if everything is okay. This will hopefully prompt the employee to open up about the health condition and whether they need something to help while they are at work.
Again, you should not make any assumptions about what is causing the vomiting. From here, you can engage in the interactive process. This is only required by the ADA if you have 15 or more employees, although CEDR typically recommends engaging in the interactive process regardless of employee count. Some states have stricter laws or lower employee thresholds for disability accommodations, so make sure to confirm which laws apply to you.
This link explains the accommodation process in detail. The goal is to provide the employee the opportunity to request an accommodation that will work for them. Note that if the ADA applies to you, you are required to provide the accommodation unless it causes an undue burden, which is a difficult standard to meet. You may also want to invest in something to block sound from the bathroom. Not just for this specific issue, but for overall privacy.
A hygienist was interested in trading her time for treatment in lieu of traditional pay and the employer wanted to know if that was okay to do.
Answer: Federal law requires that you pay employees for all hours worked. There is no way for an employee to waive that requirement for you. Therefore, you will need to add the employee to your payroll just like all of your other employees and should not exchange your services for their work instead of paying them traditional wages, even if that’s what the employee requested.
An employer was looking to hire both a part-time dental assistant and hygienist. They found a hygienist who was willing to perform assisting duties and was wondering if they could pay different rates depending on which duties the employee was performing.
Answer: Yes, you can pay an employee at a different rate to engage in different duties. You’ll want to have the employee track which hours are worked under their primary rate of pay and then which hours are worked under the differential rate of pay.
Keep in mind that any time worked over 40 hours will still be considered overtime, regardless of how many hours were worked in each position. If the employee works overtime, you should determine the employee’s overtime rate of pay by blending both rates. You can read our trainer on providing different rates of pay and paying overtime for blended rates here.
A practice owner had an employee that refused to clock out for lunch breaks and was curious about what the law said with respect to providing and/or requiring employees to take breaks.
Answer: There’s no federal requirement to provide breaks. Federal law does state that if a break is provided and it is 20 minutes or less, it needs to be paid. Similarly, if an employee is required to be “on call” to handle things that may come up during the break (i.e., if they are performing work tasks during their lunch), the time should be paid.
If the issue is that you want employees to clock out for breaks longer than 20 minutes but this employee doesn’t want to take a break at all, then you will need to create a clear policy that states that employees must take a break for X amount of time unless otherwise approved by management. As always, keep in mind that some states have stricter requirements.
A dental office was desperate to hire a new assistant, so they offered a part-time position to a former employee who previously left without providing notice. The employer was curious about whether or not they needed to reinstate the employee’s previous benefit package.
Answer: Whether or not you have to reinstate the employee’s benefits depends on your handbook policy and if there are any specific state laws about reinstating employees within a certain timeframe. Your handbook policy should clearly define what happens to time off and other benefits when an employee leaves and comes back. If you don’t have a defined policy and there are no state or other requirements to follow, then it’s up to you if you’d like to start them off as a new employee.
If you are planning on bringing them on as a temporary employee only, make sure that their offer letter clearly states this and defines the terms and length of employment. Simply telling the employee that they are being hired temporarily until you find someone else does not make them temporary. Your handbook should also explain what benefits temporary employees get, if any.
The more important question here is if bringing this employee back is the best option. We understand how hard hiring is right now – many industries are struggling to find qualified candidates. But it sounds like this employee has been unreliable in the past and it may be riskier to bring them back than to wait longer to find a different candidate. If this employee previously left the office without putting a notice in or communicating with you before, it’s very possible that they will do it again. Although you will be able to fill a position right away by hiring the former employee, the cost of onboarding and having them on only temporarily may not be worth it.
This is a very nuanced situation that would be handled best by working one-on-one with a qualified HR professional like those in CEDR’s Solution Center. To learn more about becoming a CEDR Member, set up a time to talk with us here.
Have an HR question you want answered? Ask CEDR’s HR experts in our private Facebook group, HR Base Camp.
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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