Bad Hygiene, Employees Not Following Policy, and Helping Stray Dogs

5 MIN READ

How do I address an employee’s poor hygiene? 

Question: This is so awkward, but one of my employees has terrible body odor. To the point that other employees have complained about it and we can tell that patients notice it as well. How can I bring this up without being rude or sounding like I’m judging them? 

The Legal Side: This issue is so common that we created a short course for our members to guide them. Mostly, this is a human issue, but there can be one legal consideration.  Namely, the possibility that the problem is tied to a medical condition, disability, or even a medication side effect. If that turns out to be the case, the Americans with Disabilities Act (ADA) might require you to consider reasonable accommodations. That doesn’t mean you have to ignore the smell, but it does mean you should handle the conversation with extra sensitivity and be prepared to explore options.

This is one of those moments where having a clear hygiene and grooming policy in your handbook helps a lot. It gives you a neutral jumping-off point for discussing expectations without making it personal.

The Human Side: Let’s be real, this is going to be awkward. You know it, we know it, and the employee will probably know it, too. But awkward is better than letting it linger. Addressing the problem promptly and with empathy is a kindness to the employee and the rest of your team. We’ve had more than one instance where we’ve been helping an office manager, only to find out that the employee has lost their primary residence due to things like domestic violence concerns. Life is complicated.

Start by pulling the employee aside privately. Don’t open with “people have been talking” or “we’ve gotten complaints.” That just adds embarrassment. Instead, try something like:

“Hey, this is a little uncomfortable for me to bring up, but I’ve noticed body odor and I wanted to check in. You might not realize it, and if it were me, I’d want someone to tell me. What’s going on?”

Keep your tone empathetic and without judgment. You’re not there to shame or scold; just to communicate that this is a workplace issue that needs to be addressed. Acknowledge that this is a sensitive topic and let them know you’re here to support them if they need anything.

If it turns out there’s a medical issue behind the odor, that’s when your ADA obligations might come into play. But if not, and the problem continues, then it’s time to clarify that coming to work clean and appropriately groomed is part of maintaining a professional environment. 

You don’t need to become an expert in odor management, but you do need to take action because the issue has already spilled over into patient experience or team morale. As awkward as the conversation may be, it’s part of leading a healthy workplace.

CEDR Members: Have you taken our management training course about this topic? Access the course here.

Extra Credit Listening: Addressing Employee Hygiene 

Can I deny paid time off if an employee doesn’t follow the processes I have in place? 

Question: My handbook lays out a very clear and concise process for requesting time off. Employees are told that if they do not follow this process, their time off may be denied or unpaid. Is this legal? If an employee doesn’t use the correct method, I will only approve their time off if business levels allow it and it is unpaid. My new office manager says I can’t do this. 

The Legal Side: Time-off benefits that fall outside of sick leave are mainly up to the employer. This means that, most of the time, you can dictate the process for requesting and taking time off, and take adverse action against employees who don’t follow it. The key words here are most of the time

The difference is when protected leave is involved. For example, states with mandatory paid sick leave laws generally prohibit employers from requiring a certain amount of advance notice. Your standard time-off policy might require some notice, but that doesn’t apply to protected sick time. If the employee has sick time available and requests to use it at the last minute, in one of the several states that mandate it, you can not deny it.

The Human Side: Putting the legalities aside for a moment, let’s think about this from a management perspective. Your best move is consistency. Apply your policy consistently across the board, and ensure anyone who handles requests understands the rules and any exceptions for protected leave. If an employee fails to follow the procedure, send them back out to follow the correct procedure, and, in some cases, if they are asking at the last minute, consider the circumstances. If you really need to, use  Progressive Corrective Coaching to address it directly and document the behavior.

In the long run, make them follow the procedures and insist that they give you and their team plenty of time to make adjustments for their absences. 

My employee was injured while helping strays.

Question: My employees found a litter of stray puppies hiding behind the office. They wanted to help, so they set out some food and water near where the puppies are hiding. There is a significant step down to where the puppies are, and one of the employees tripped climbing out of the area and sprained their ankle. The employee was clocked in when this happened, but it was obviously not a work-related task. Do I still need to document this like a workplace injury?

The Legal Side: The safest answer is yes! You should report the incident to your workers’ comp carrier. Complete an injury report, submit the incident to workers’ comp, and let them decide whether it is covered. That’s the best way to protect both your business and the employee. Eligibility for workers’ compensation benefits is more nuanced than whether the employee was clocked in or not. 

Know that someone with a recent injury in the workplace, regardless of the merit of a claim, is part of a protected class, meaning you should be cautious about any disciplinary or adverse actions following the injury. Always check with an HR expert before taking steps that could be interpreted as retaliation.

It’s also possible that workers’ comp could deny the claim because the injury didn’t arise directly from work duties. In that case, it may shift into a general business liability issue. Since there can be overlap between the two, your safest course is to report the incident to both carriers and let the insurance professionals sort out the details.

The Human Side: It’s heartwarming that your team wanted to help the stray animals, but it’s also a good reminder that the best of intentions can sometimes lead to real risks. Even small acts, such as leaving food or water, can create hazards for employees.

If employees want to help, point them to local shelters or animal rescue groups that can take over. That way, your team can feel good about doing the right thing without anyone else ending up with a limp.

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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.

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