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:
Our area was badly damaged by a hurricane and our office is flooded. We are limited in what we can do to get started on even assessing the damage until power is restored to the area and we can meet with insurance adjusters and contractors. We let all our staff know we will be closed for an unknown amount of time. I’m worried they’re going to expect me to let them use their vacation time, or that they’ll apply for unemployment. Both will be difficult for me financially, but I know they are in need of income. What should I tell them to do?
The legal side of things: You technically only have to issue vacation, PTO, or sick pay if it is being requested and used in accordance with your policies (assuming those policies are consistent with your state law requirements!). So you could have the ability to say no to a request to use paid time off, but we don’t recommend doing so - more on that below.
That being said, each state is different when it comes to unemployment eligibility requirements. If an employee is applying for benefits because they lost their job, benefits aren’t paid until payments from their former employer stop. That would include any payout of unused PTO. This payout isn’t typically required before an employee can receive unemployment benefits due to a temporary work stoppage.
As for unemployment benefits costing you out of pocket - we can put that fear aside for you. Employers do not directly pay an employee’s unemployment benefits. Those benefits come from the state. It is funded through payroll taxes, so you are paying into this fund in the normal course of business. The rate you pay into the fund can increase if you have an increase in former employees qualified for benefits. However, this increase doesn’t take effect immediately.
More on how regular unemployment benefits work in this blog.
Here, however, your unemployment rates shouldn’t be impacted at all. If you are in Florida, Georgia, or North Carolina, Disaster Unemployment Assistance has been made available. This is a separate relief fund that provides benefits without them being charged to employer accounts.
If you are in a different state, let us know and we can help look into whether similar benefits are available to your team.
Now for the human approach: Your team is hurting with your business being closed, just like you are. And they may have their own expensive property damage to repair. The best thing you can do is give them information about resources that are available to them, and be transparent about what you do and don’t know about when you’ll have work available to them.
We highly recommend telling your whole team about the availability of Disaster Unemployment Assistance. They may not be aware of it, and be worrying about whether they’d be able to get regular unemployment due to a temporary office closure. Alleviating those concerns, and also showing you are supportive of them seeking those benefits, can go a long way.
We typically don’t see all employees wanting to get their accrued paid time off issued, as they’re expecting to come back to work and want to be able to use their paid time off as planned later in the year. However, it is likely that you’ll get at least one request. If an employee requests to get paid out for accrued paid time off, it is a good idea to pay it even though it’s not great timing for you.
Refusing to pay could potentially run you afoul of state law depending on your state’s rules on whether vacation is considered earned wages, and whether you’re normally required to pay it out at separation. An extended work shutdown due to damage to the office isn’t a situation built into vacation laws, so how the state views it could vary.
But our recommendation to pay it goes outside of that legal risk. Taking a long term view of things, your employee is going to be grateful that they can get their full pay through vacation time. This gives them more time to adjust before having to get reduced income through unemployment. That’s a huge relief for them, and also helps potentially reduce them feeling like they need to find a new job. Giving them that temporary reprieve really fosters a good relationship with them, whereas not paying can be very detrimental.
Podcasts and Resources in this Roundup:
- ON-DEMAND COURSE: The Clean Conversation: Does Your Employee Smell??
Our area was badly damaged by a hurricane and our office is flooded. We are limited in what we can do to get started on even assessing the damage until power is restored to the area and we can meet with insurance adjusters and contractors. We let all our staff know we will be closed for an unknown amount of time. I’m worried they’re going to expect me to let them use their vacation time, or that they’ll apply for unemployment. Both will be difficult for me financially, but I know they are in need of income. What should I tell them to do?
The legal side of things: You technically only have to issue vacation, PTO, or sick pay if it is being requested and used in accordance with your policies (assuming those policies are consistent with your state law requirements!). So you could have the ability to say no to a request to use paid time off, but we don’t recommend doing so - more on that below.
That being said, each state is different when it comes to unemployment eligibility requirements. If an employee is applying for benefits because they lost their job, benefits aren’t paid until payments from their former employer stop. That would include any payout of unused PTO. This payout isn’t typically required before an employee can receive unemployment benefits due to a temporary work stoppage.
As for unemployment benefits costing you out of pocket - we can put that fear aside for you. Employers do not directly pay an employee’s unemployment benefits. Those benefits come from the state. It is funded through payroll taxes, so you are paying into this fund in the normal course of business. The rate you pay into the fund can increase if you have an increase in former employees qualified for benefits. However, this increase doesn’t take effect immediately.
More on how regular unemployment benefits work in this blog.
Here, however, your unemployment rates shouldn’t be impacted at all. If you are in Florida, Georgia, or North Carolina, Disaster Unemployment Assistance has been made available. This is a separate relief fund that provides benefits without them being charged to employer accounts.
If you are in a different state, let us know and we can help look into whether similar benefits are available to your team.
Now for the human approach: Your team is hurting with your business being closed, just like you are. And they may have their own expensive property damage to repair. The best thing you can do is give them information about resources that are available to them, and be transparent about what you do and don’t know about when you’ll have work available to them.
We highly recommend telling your whole team about the availability of Disaster Unemployment Assistance. They may not be aware of it, and be worrying about whether they’d be able to get regular unemployment due to a temporary office closure. Alleviating those concerns, and also showing you are supportive of them seeking those benefits, can go a long way.
We typically don’t see all employees wanting to get their accrued paid time off issued, as they’re expecting to come back to work and want to be able to use their paid time off as planned later in the year. However, it is likely that you’ll get at least one request. If an employee requests to get paid out for accrued paid time off, it is a good idea to pay it even though it’s not great timing for you.
Refusing to pay could potentially run you afoul of state law depending on your state’s rules on whether vacation is considered earned wages, and whether you’re normally required to pay it out at separation. An extended work shutdown due to damage to the office isn’t a situation built into vacation laws, so how the state views it could vary.
But our recommendation to pay it goes outside of that legal risk. Taking a long term view of things, your employee is going to be grateful that they can get their full pay through vacation time. This gives them more time to adjust before having to get reduced income through unemployment. That’s a huge relief for them, and also helps potentially reduce them feeling like they need to find a new job. Giving them that temporary reprieve really fosters a good relationship with them, whereas not paying can be very detrimental.
I have an employee who takes medication that makes them sweat profusely. It’s not uncommon for their shirts to have very visible sweat stains early in the day and I can tell patients are distracted by this when the employee works on them. I know they’re embarrassed about it and I know they can’t do anything to stop sweating, but can I suggest that they change clothes for the second half of the day to make it less noticeable?
The legal side of things: There aren’t any laws that protect sweaty employees, but there are laws that protect employees with disabilities. Since this excessive sweating is directly caused by a medication the employee takes for a medical issue, these protections could apply.
Federal law kicks in at 15 employees and state laws vary depending on location and how many employees you have. That said, when you’re addressing an issue that is related to a medical condition, it’s a good idea to follow the interactive process even if a specific law doesn’t apply. This means working with the employee, and their healthcare provider if necessary, to find a solution that both accommodates the medical issue while enabling the employee to successfully perform their job duties.
Now for the human approach: The good thing is you’re already on the right track. Your suggestion of having the employee change clothes during the day is a good one, but a key part of the interactive process is never forcing an accommodation on an employee. It’s about finding a solution that works for both of you.
Although their sweating is related to a medical condition, on your end it’s ultimately a hygiene issue. Sweaty clothes have the appearance of not being clean, and the employee may have a noticeable smell. Neither of these are appropriate for a healthcare setting.
You should meet with the employee privately to discuss this. Like you said, this can be embarrassing. During the conversation, you should be gentle but direct. Make it clear that you are not “blaming” them and you understand this is a side effect of their meds but there are concerns about the impact in the workplace.
Ask the employee if they have any ideas on how you can help them manage the sweating throughout the workday. This is where you can offer your suggestion that they change their clothing while at work.
We know addressing hygiene can be awkward for both parties. Our latest course is designed to help make these conversations easier. Check it out here!
The legal side of things: There aren’t any laws that protect sweaty employees, but there are laws that protect employees with disabilities. Since this excessive sweating is directly caused by a medication the employee takes for a medical issue, these protections could apply.
Federal law kicks in at 15 employees and state laws vary depending on location and how many employees you have. That said, when you’re addressing an issue that is related to a medical condition, it’s a good idea to follow the interactive process even if a specific law doesn’t apply. This means working with the employee, and their healthcare provider if necessary, to find a solution that both accommodates the medical issue while enabling the employee to successfully perform their job duties.
Now for the human approach: The good thing is you’re already on the right track. Your suggestion of having the employee change clothes during the day is a good one, but a key part of the interactive process is never forcing an accommodation on an employee. It’s about finding a solution that works for both of you.
Although their sweating is related to a medical condition, on your end it’s ultimately a hygiene issue. Sweaty clothes have the appearance of not being clean, and the employee may have a noticeable smell. Neither of these are appropriate for a healthcare setting.
You should meet with the employee privately to discuss this. Like you said, this can be embarrassing. During the conversation, you should be gentle but direct. Make it clear that you are not “blaming” them and you understand this is a side effect of their meds but there are concerns about the impact in the workplace.
Ask the employee if they have any ideas on how you can help them manage the sweating throughout the workday. This is where you can offer your suggestion that they change their clothing while at work.
We know addressing hygiene can be awkward for both parties. Our latest course is designed to help make these conversations easier. Check it out here!
My urgent care office is open from 7 am to 7 pm. A couple of employees have asked whether they will be able to take any time off on election day in order to make it to the polls while they are still open. Am I required to adjust their schedule for this or provide additional time off?
The legal side of things: Interestingly enough, there’s no federal law that gives employees the right to take time off to vote. However, almost every state has a law giving employees the right to take time off to vote if there isn’t sufficient time outside of work hours.
Some of these laws are especially generous and remove the “if there isn’t sufficient time outside of work hours” clause or extend the benefit to designated early voting days, not just Election Day. Depending on your state law, employees may even be eligible to take this time without loss of pay.
Now for the human approach: Based on the work schedule you provided, we assume some employees come in by 7 and leave early while others get a late start and work until close. Both options should give employees ample time to vote before or after their shift.
However, don’t assume anything! Make sure you are aware of your state’s laws. What you think is enough time to vote, and what your state law says about it, may be very different things.
Find out what your state law says about (1) the right to take time off to vote, (2) whether that time is paid or unpaid, and (3) how far in advance you can require employees to submit time off requests. Communicate your policy around this to your team ahead of election day so that you and your team can plan accordingly.
If your state doesn’t have any of these requirements, you still don’t want to be caught off guard by an employee wanting to leave early, or telling you the day before that they’ll be coming in late. For this reason it is a good idea to have a policy in place about how those requests will be handled.
Extra Credit Reading: Employee Time Off to Vote on Election Day
The legal side of things: Interestingly enough, there’s no federal law that gives employees the right to take time off to vote. However, almost every state has a law giving employees the right to take time off to vote if there isn’t sufficient time outside of work hours.
Some of these laws are especially generous and remove the “if there isn’t sufficient time outside of work hours” clause or extend the benefit to designated early voting days, not just Election Day. Depending on your state law, employees may even be eligible to take this time without loss of pay.
Now for the human approach: Based on the work schedule you provided, we assume some employees come in by 7 and leave early while others get a late start and work until close. Both options should give employees ample time to vote before or after their shift.
However, don’t assume anything! Make sure you are aware of your state’s laws. What you think is enough time to vote, and what your state law says about it, may be very different things.
Find out what your state law says about (1) the right to take time off to vote, (2) whether that time is paid or unpaid, and (3) how far in advance you can require employees to submit time off requests. Communicate your policy around this to your team ahead of election day so that you and your team can plan accordingly.
If your state doesn’t have any of these requirements, you still don’t want to be caught off guard by an employee wanting to leave early, or telling you the day before that they’ll be coming in late. For this reason it is a good idea to have a policy in place about how those requests will be handled.
Extra Credit Reading: Employee Time Off to Vote on Election Day
