This week’s questions from our HR Base Camp Facebook group involve cashing out unused vacation when an employee leaves, asking for a reason when an employee wants time off, and (of course) plenty of COVID-related questions as well.
A long time employee is retiring and 2/10/22 is her last day. She asked if she could take her vacation days as pay. Thoughts on this? Vacations run on a calendar year here. So her 9 days just began.
Answer: Depending on the state you are located in, you could be obligated by law to pay earned and accrued time, such as vacation, as a part of wages. So your policy needs to comply with state laws. If there are no requirements, and many states don’t have one, then you get to decide. At that point, communicating the conditions under when it will or will not be paid becomes very important so that you are consistent with payouts over the years.
Our handbook states that remaining PTO will be paid out upon termination if proper 2 week notice is given.
CEDR’s response: As an aside, this type of policy can set aside the At-Will relationship between you and your employee. As your employee can no longer quit at will because if they do, they will suffer a monetary consequence. If we nerd out on HR it looks like this: by requiring them to give notice, and we understand the logic so not judging you, lawyers have successfully
Are we allowed to ask an employee why they are requesting time off? For example, an employee submitted a time-off request form and marked personal rather than vacation in a few months. Just curious, thank you!
Answer: There is no need to know the reason. Once they mark it on your sheet, the reason is whatever they say it is. If for some reason you over paid vacation but they can use unpaid personal time off, you might clarify that point for them, but the actual reason is not relevant. Here is a bit more guidance on why you don’t want or need to know.If the employee is asking to take sick leave, you want to steer clear of asking for specifics. This is especially true if you’re in a state with a mandatory sick leave law, as these laws often state that employees only need to assert a general need for sick leave and you’re not permitted to ask for more specific information about the absence. In general, asking an employee for their reason for taking sick leave is not a good idea, as it can lead to the employee disclosing a private medical issue. Not only can this potentially violate federal or state law, but it can put stress on the relationship with the employee if this was something they didn’t want to share.
If the request is for vacation time or other PTO that is not sick leave, you can request a reason. However, you want to be mindful about why you want to know the reason. Is it because the dates they requested are a bad time for the practice? Are you concerned the employee is falling behind in work? Oftentimes, there is a bigger issue at play and the reason for the time off is not actually
We need to hire a new dental assistant. Because we are in Washington State, I’m assuming the vaccine mandate is still in effect for any new employee. How do we address this properly as we meet any candidates?
Answer: We decided to drill all the way down and give you the same type of guidance we would give a CEDR member. Of course, all of our Washington members have access to even more help in this area, and we create the vaccination policy for them.
The mandate is still in effect and applies to new hires. You’ll want to include language in your job ad that states that employees are required to be fully vaccinated unless they have a medical or religious exemption. Once you have selected a candidate to move forward, you should share your vaccination policy and exemption information with them in their offer letter or new hire paperwork. From here, they should either show proof of vaccination or put in a request for an exemption. We don’t recommend asking about vaccination status during the interview process since this can lead to religous or medical information being exposed, which can increase the chances of a discrimination claim if the person isn’t hired. The FAQ below has more information for healthcare workers.
How are dental practices approaching the OSHA ETS (Emergency Testing Standard) I’ve read that some states don’t require you to follow ETS and in other states that is not the case.
Answer: At this point, it appears that the OSHA ETS mandate does apply to dental offices. What we know so far is that OSHA will not be enforcing the ETS until January 10th and will give employers until February 9th to fully comply with the testing requirements. However, depending on your state, the ETS may not apply and your state may be required to develop its own mandate. More information about the ETS can be found in this FAQ: https://www.osha.gov/coronavirus/ets2/faqs
One of the benefits of a Solution Center membership is that we monitor these laws for you. CEDR members received an email about the ETS last month with detailed guidance about how to comply and a vaccine policy to distribute to staff.
How are offices approaching the new CDC guidelines? We have said we would stick with our prior covid protocols to avoid having a covid positive assistant or hygienist working on a patient. It feels wrong to allow that to happen without the patients’ knowledge especially as the new variant can spread much easier. We have two staff members out and are not happy that we are sticking with 10 days until they are no longer considered contagious
Answer: We’re sorry to hear your employees tested positive. In terms of how long the employee should remain at home, this would be your decision to make in accordance with CDC recommendations and other guidelines you are following. Although the CDC’s updated guidance for the general public shortens the quarantine period to 5 days, their guidelines for healthcare employees are slightly different. Those guidelines can be found here: https://www.cdc.gov/…/hcp/guidance-risk-assesment-hcp.html
FFCRA question: has the optional pay been extended into 2022?
Answer: FFCRA expired September 30th, 2021 and has not been extended. There is currently no other federal COVID pay program in place and tax credits are no longer available. Some states have implemented their own COVID leave laws that offer employees time off in addition to what they already receive per your policies. If your state does not have their own law, COVID related absences can now be handled like any other absence and you can allow employees to use any available paid time off they have per your existing policies. Otherwise, the time off is unpaid.
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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