Three Workplace Situations That Can Get You in Trouble Fast

How should I address an employee that is taking too many breaks throughout the day?

Question:I feel like I am constantly chasing down my front desk employee. I know they’re entitled to a lunch break, but they’re constantly taking small breaks throughout the day and are spending too much time away from their workstation. Is there any way to limit their break time?

The Legal Side: There is no federal law that requires breaks. If you allow them, the law says that breaks under 20 minutes must be paid. However, that doesn’t mean employees can take unlimited short breaks throughout the day. Excessive or unscheduled breaks are something you can address.

First, look at your state law. Many states don’t require regular rest breaks, but others are very specific about when and how often employees must be given breaks. If you’re in one of those states, you need to make sure the “extra” breaks you’re seeing are not part of the protected time the employee is entitled to take.

Next, consider whether there could be a medical reason behind the behavior. Frequent breaks can sometimes be tied to a health condition. If that possibility arises, you may need to handle the situation through the accommodation process rather than treating it strictly as a performance issue. When in doubt, it’s a good idea to check in with an HR expert before moving forward.

The Human Side: We know how frustrating it can be to constantly see an employee away from their workstation. A front desk role requires consistent coverage, and when someone is frequently away, the rest of the team feels it, and the patient experience can suffer.

Start with a direct conversation. Reference your handbook policy on breaks and meal periods and provide the employee with a copy. Make it clear that you are not saying they cannot take breaks. You understand that stepping away is sometimes necessary. 

Use your own observations to ground the conversation. For example, “I’ve gone to the front desk multiple times and you haven’t been there for extended periods. Is there a reason for this?” The more specific, the better. Then explain the impact. Phones are missed, patients are left waiting, and other team members have to step in.

If this is the first time you’re addressing it, a verbal warning is usually appropriate. Be clear about what needs to change moving forward. Document the conversation by making a quick note in their file (CEDR members can use backstageHR to easily document this). If the behavior continues, you can escalate to written corrective action or a final warning.

Looking to simplify documentation? CEDR’s backstageHR software allows you to make confidential notes in employee files and digitally store them in one convenient place for future reference.

Can I rescind an offer to a pregnant applicant?

Question: I finally found someone to fill an open assistant role.I was really excited about onboarding her, but after sending the offer letter, she revealed that she’s pregnant. She’s not due for another 8 months, but I’m hesitant to hire someone who is going to need so much time off so soon. Can I rescind the offer? 

The Legal Side: Rescinding this offer because of her pregnancy would be extremely risky. Federal law prohibits discrimination against applicants and employees based on pregnancy, and pulling the offer right after learning she is pregnant would be very difficult to defend. That’s the kind of timing that raises immediate red flags.

It’s also important to remember that applicants are not required to disclose a pregnancy or any medical condition during the hiring process. It’s actually better that you made your hiring decision without that information, since you’re not allowed to consider it in the first place.

You should handle her pregnancy the same way you would for any employee who needs leave or an accommodation. That means looking at your policies, applicable state laws, and any federal protections that may apply at the time. It’s worth noting that there are multiple states that have their own pregnancy protection laws that extend beyond what federal law provides. It’s important that you’re aware of any laws that apply to your business and that you have a compliant handbook policy to cover them.

The only scenario where rescinding the offer might be defensible is if you have a legitimate, well-documented business reason that is completely unrelated to her pregnancy. For example, if she cannot meet a required start date, cannot work the essential schedule for the role, or something arises that would disqualify any candidate. The reason must stand on its own and be something you would apply consistently to any applicant.

The Human Side: It’s understandable to feel hesitant. You just filled an important role, and now you’re already thinking about coverage and continuity. 

That said, the best approach is to stay focused on why you chose her in the first place. She was the best fit for the role. An anticipated leave several months down the road does not change that.

Instead of backing out, shift your focus to planning. In fact, you have more notice than many employers get. This gives you time to start thinking now about how you will cover the role during her leave. Ultimately, this is less about whether you can avoid the situation and more about how well you manage it.

What are the rules surrounding military leave?

Question: One of my employees needs to take several weeks off for military training. Their time away will have a major impact on staffing. Am I required to hold their position for them while they’re gone? I will almost certainly have to hire someone to fill in the meantime, and I would rather hire someone long term than a temp.

The Legal Side: This situation is governed by a very rigid federal law called USERRA. It applies to all employers, regardless of size, and there are no length of service requirements for the employee to qualify.

Under USERRA, employees are entitled to take unpaid leave for military service, including training, for up to five years. That means yes, you are required to hold their position for the duration of this leave, including a several-week absence like the one you described. You cannot terminate or replace the employee permanently because they need time off for military service.

When they return, you are generally required to reinstate them to the position they would have held if they had remained continuously employed, or a comparable position with the same seniority, status, and benefits.

You are allowed to hire someone to cover the work while they are gone. However, that role should be clearly temporary. Hiring someone into the position long term can create a conflict when the service member returns and must be reinstated.

The Human Side: Like with any other leave of absence, you should focus on how to keep things running during the employee’s leave. Get the job listing for a temp out now, so you can ideally bring them on as soon as the employee’s leave starts. Start cross-training and adjusting schedules as needed. It can also help to set expectations with your team. Let them know what the plan is and how responsibilities may shift while your employee is away. 

Don’t forget to have the employee complete your leave of absence form and indicate that the leave is for military service. Once you have their estimated dates, provide a written confirmation of the leave and outline expectations for their return. This helps create clarity and keeps everything well documented.

Extra Credit Reading: CEDR Two Minute Trainer: Military Leaves of Absence (LOA)