Welcome back to another edition of HR Basecamp Roundup! This week, we tackle some interesting and common issues that come up in workplaces more often than you think. If you haven’t joined our HR Basecamp Facebook group yet, be sure to join so you can participate in these discussions in real time!
Podcasts and Resources in this Roundup (it’s a packed one):
I’ve noticed that one of my employees never eats lunch. They don’t bring in their own food and they don’t participate in group lunches when provided. They also spend a lot of time in the bathroom. I’m worried they may be struggling with an eating disorder. Is there any safe way for me to ask them about it?
The legal side of things: You want to be careful about crossing the line from employment issues into potentially personal issues, unless prompted by the employee. In many cases, eating disorders fall under the definition of a disability, which can put the employee into a protected class. Depending on the state that you’re in, disability protections may apply even if you have less than 15 employees (the federal threshold for disability protections).
However, you also have a legal responsibility to maintain a safe working environment. If this employee’s behavior starts to become a safety concern (fainting, mistakes while working on patients, etc.), then you may be able to ask specific questions about their health. We strongly suggest speaking to an HR expert before asking any specific questions. Like we mentioned above, there may be legal protections that apply and an HR expert can make sure you’re complying with state and federal laws when communicating with the employee.
Now for the human approach: It’s a good thing to keep your employee’s health and safety in mind, but you don’t want to jump to conclusions or accuse the employee of anything. In this instance, we recommend addressing the things that are directly related to work.
For example, you can mention that you’ve noticed they frequently decline the lunch provided by the office and ask if this is because they can’t eat what is being offered or if it’s just preference. This approach shows that you want them to participate if they’re able to and gives them the opportunity to tell you if there is something specific that they need in order to do so.
Bathroom breaks can cause a work disturbance if they are too frequent or too long. It’s okay to let the employee know that you’ve observed how often they take breaks and remind them of the impact this can have on the office. This is also the time to mention to them that if they need medical accommodation, they should come to you to begin the interactive process. Note that before addressing breaks with this employee, you should make sure that you are enforcing the same policy for all employees. If there are other team members who take long bathroom breaks, you should have the same conversation with them.
If you’re not at the point where it’s causing issues to coach on, but just want to make sure they’re ok, we recommend using a one-on-one check in to ask if they need anything to support them in their job, and ask how things are going in general. You can read more about how to use one-on-ones in this blog.
I just updated my handbook for the new year and changed a few policies. One of my employees has had a lot of questions about the changes, all of which I’ve answered. However, they are now saying they don’t agree with the updated policy and don’t want to sign the handbook. Can I write them up for this?
The legal side of things: The thing about your employee handbook is that it’s not a contract – or at least it shouldn’t be. This is something CEDR makes explicitly clear to our members when we work with them to customize their handbook. The handbook is an explanation of the policies that are in place during employment. It is informing the team of your expectations. When the employee signs the handbook, they are signing to acknowledge they have received, read, and understood your policies.
Now for the human approach: Your first step is to have a conversation with the employee about why they don’t want to sign the handbook. What is the policy that they don’t agree with? Why don’t they agree with it? Are they understanding it correctly? It’s entirely possible they simply need clarification about how a policy works to make them feel comfortable with signing the handbook.
If the employee continues to refuse to sign, you have a few choices. One option is to remind them that they are expected to abide by all policies in the handbook, and their signature is not required in order for you to hold them to that expectation. Tell them that you are documenting that they have acknowledged to you that they have read and understood the handbook, but are choosing not to sign it. This helps eliminate any argument they try to bring later that they weren’t aware of something in the handbook.
Another option is to be firm that signing your handbook is a condition of employment. Tell them that it is considered to be insubordination not to sign a document acknowledging receipt of your policies. In this case, you can proceed with a corrective action and give the employee a deadline to sign both the corrective action and the handbook. If they still won’t sign, you can terminate employment.
As an added note, it’s important that the policies you are asking employees to acknowledge are legal. This may sound obvious, but there are plenty of employers who ask their staff to agree to policies that violate employment laws without realizing it. Things like “no gossiping” and “no discussing salary” may sound simple enough but could land you in hot water. This is a perfect example of why you should always work with a trusted HR partner to craft your handbook policies.
Make sure to listen to the latest episode of “What the Hell Just Happened?!” to hear Paul’s insight on this topic. You can listen here or wherever you stream your favorite podcasts.
I just found out my office manager is romantically involved with an employee. I don’t like this for several reasons, but can I actually do anything to stop it? Am I allowed to tell them not to date?
The legal side of things: Any romantic relationship between employees is generally a bad idea but this is especially true between managers and employees. Because there is power dynamic at play, the legal risk of a harassment claim is immediately elevated. The power imbalance can make it hard to confirm that the relationship is consensual should things go south. This is why the dating policy in the CEDR handbooks states that relationships between those in leadership positions and employees are prohibited.
Now for the human approach: Now that you’ve found out about the relationship, you have an obligation to ensure this is a consensual relationship and that there is no supervisory issue. Even if the office manager isn’t the employee’s direct supervisor, their status as a leader creates legal risk. There’s also the risk of other employees feeling like this team member is getting special treatment.
If you have a policy in place that prohibits supervisors from dating employees, you could choose to terminate the office manager for violating that policy. This can help protect you from the possibility of your practice and office culture being impacted if the relationship doesn’t work out. And, it keeps you consistent with enforcing your own policies.
Alternatively, you can tell the employees that you are concerned about the situation but willing to continue employment for the time being.
We recommend meeting with each party separately. Make it clear to the employee that they can come to you if they have concerns about the situation at any time during or after the relationship. When meeting with the manager, it’s important that they understand why this relationship is so risky. If it’s possible to adjust duties so that they don’t work directly with each other, that is a good avenue to explore. However, be careful that the adjustment does not impact the employee in a way that could be perceived as punishment/retaliation or as favoritism. We suggest running this option by an HR expert before making any changes.
Like we mentioned above, you can’t legally stop people from being together but you can take steps to protect your business and the subordinate employee. Team members who choose to continue dating should both sign a “consensual relationship agreement” that indicates that the relationship is voluntary and consensual. The right documentation can help prove that there was no initial coercion or bad behavior. You can read more about this agreement here. If you’re a CEDR member, you can contact the Solution Center directly for a template!
Extra Credit Listening: Episode 504: Looking for Love in All the Wrong Places
