acolemacx Career Advice, Human Resources, Uncategorized

Are You Due for a Sabbatical?

Introduction Contributed by Kara Whittaker, Ghergich & Co. https://ghergich.com/   Kara@Ghergich.com

There’s a crisis in the American workplace, but it’s probably not what you think it is. We’re not taking our vacation time, and it’s leading to all sorts of unproductive, cranky, stressed-out employees. And that, we all know, isn’t good for business.
Employees not taking vacation time is not a small problem, either. In fact, the trend keeps going up—we keep taking less and less of what we’re owed—to the tune of over 660 million days left on the table, every year. If you’re one of those employees that keeps ignoring your vacation (or even if you’re not), then you might want to consider a radical approach to hitting that reset button: a sabbatical.
Many people are familiar with a sabbatical in the academic world; it’s a chance for academics to pursue a rigorous research idea and do so without having to teach class. But the same notion can be used in the workplace, even if it’s just for a few weeks or months. Here’s what to know about it – https://www.discover.com/personal-loans/resources/major-expenses/sabbatical/

you_may_be_due_for_a_sabbatical_and_not_even_know_it

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Human Resources, Uncategorized

5 Considerations on Bereavement and Funeral Leave

Recently we recorded an Upstate HR Podcast episode discussing bereavement and funeral leave policies within organizations and concerns with not enough time or inconsistencies.  In the unfortunate event an employee needs to use leave for bereavement or funeral leave, organizations need to have policies and processes in place that ensure consistency throughout the workforce.  As family relationships have evolved, so to should our policies and procedures.

The 5 considerations on bereavement and funeral leave:

  1. Notification Process: If an employee needs to take time off for leave, who should they notify and what is the process for approving the time? Should the employee contact their supervisor or the human resources department?  Does the supervisor contact a manager or the human resources department?  Email, phone, text message, etc.? More than likely the employee will notify their supervisor, but we need to outline the processes in the policy.
  2. Extended Leave: Will we grant extended leave for an employee who needs additional time to cope with the loss or coordinate family affairs? Can the employee use PTO and/or vacation time?  Remember, there might be legal issues, funeral planning, estate meetings, etc. that an employee must deal with in relation to the loss.  Situations will vary.  If the death happens in the winter, will we allow time off in the spring for the burial? These are areas we don’t usually consider but need to recognize.  Most organizations are lenient with granting additional time off, but we should outline it in the policy.
  3. Paid Bereavement Leave: This will vary by organization. Organizations might grant unlimited leave to cope with a loss.  Other organizations have a set number of days based on the relationship in the family.  Below is a simple draft outline to consider as part of your leave policy:
    1. “Employees are allowed up to four consecutive days off from regularly scheduled duty with regular pay in the event of the death of the employee’s spouse, domestic partner, child, stepchild, parent, stepparent, father-in-law, mother, mother-in-law, son-in-law, daughter-in-law, brother, sister, stepbrother, stepsister, or an adult who stood in loco parentis to the employee during childhood.
    2. Employees are allowed one day off from regular scheduled duty with regular pay in the event of death of the employee’s brother-in-law, sister-in-law, aunt, uncle, grandparent, grandchild or spouse’s grandparent.
    3. Employees are allowed up to four hours of bereavement leave to attend the funeral of a fellow regular employee or retiree of the company, provided such absence from duty will not interfere with normal operations of the company.”[i]

Relationships in families vary, the policy needs to be flexible, but consistent.  Ensure you are providing the needed time off for the workforce.

  1. Providing Documentation: Organizations I have worked for in the past have required notice if an employee does ask for bereavement and funeral leave. We have requested obituary notices; newspaper or website and employees have returned with copies of the funeral documentation.  Unfortunately, I have seen employees abuse leave and lie about their need for bereavement leave.  If you do require documentation, ensure you are doing so consistently.
  2. Pay Policy: “Bereavement pay is calculated based on the base pay rate at the time of absence, and it will not include any special forms of compensation, such as incentives, commissions, bonuses, overtime or shift differentials.”[ii] Policies will vary; this sentence is short and covers the details.

The loss of a loved one is challenging for anyone.  The organizational policies are necessary, but showing compassion and understanding is the most important thing we can do for our workforce.  Remember to offer Employee Assistance (EAP) to any employee that is struggling with the loss, as these services provide additional support for our employees and their families.  Be consistent and flexible with the policies.  Ensure that the policy is reviewed and updated.  As always, remember to seek guidance if you need assistance reviewing and updating all policies.

[i] https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_006397.aspx

[ii] https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_006397.aspx

-Matthew W. Burr

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Human Resources, Law, Regulations, Uncategorized

4 EEOC Guidelines on Workplace Harassment Prevention and Cadillac Healthcare Tax Updates

The U.S. Equal Employment Opportunity Commission recently released the “Promising Practices for Preventing Harassment.”  This is a guidance document for employers, that contains harassment prevention recommendations for all employers in four categories.  As leaders we have a responsibility to take all harassment claims serious and need to ensure a proactive approach to investigations, communication and accountability as it related to workplace harassment claims, sexual harassment, retaliation, bullying, workplace violence concerns, etc.

The Four Categories:

  1. Leadership and Accountability: “The cornerstone of a successful harassment prevention strategy is the consistent and demonstrated commitment of senior leaders to create and maintain a culture in which harassment is not tolerated.”[i]
  2. Comprehensive and Effective Harassment Policy: “A comprehensive, clear harassment policy that is regularly communicated to all employees is an essential element of an effective harassment prevention strategy.”[ii]
  3. Effective and Accessible Harassment Complaint System: “An effective harassment complaint system welcomes questions, concerns, and complaints; encourages employees to report potentially problematic conduct early; treats alleged victims, complainants, witnesses, alleged harassers, and others with respect; operates promptly, thoroughly, and impartially; and imposes appropriate consequences for harassment or related misconduct, such as retaliation.”[iii]
  4. Effective Harassment Training: “Leadership, accountability, and strong harassment policies and complaint systems are essential components of a successful harassment prevention strategy, but only if employees are aware of them. Regular, interactive, comprehensive training of all employees may help ensure that the workforce understands organizational rules, policies, procedures, and expectations, as well as the consequences of misconduct.”[iv]

For additional information on the Promising Practices for Preventing Harassment guidance (each of the four have additional recommendations on the website) for your organization and workforce, the link is below:

Promising Practices for Preventing Harassment

Cadillac Tax Updates

Congress passed a law on January 22 to delay the affordable Car Act’s 40 percent excise tax on high-value healthcare plan for two years.  The Cadillac tax was set to take effect in 2020, under the new law, the tax will be delayed until 2022.

What to expect in 2022:

  • $10,200 for individual coverage ($11,850 for qualified retirees and those in high-risk professions).
  • $27,500 for family coverage ($30,950 for qualified retirees and those in high-risk professions).[v]

Under the new administration we could see significant changes to the Affordable Care Act and healthcare in general.  Continue to monitor for updates and changes, that can and will impact your workforce.  If you are confused seek guidance, healthcare law continues to evolve in complexity at the federal and state levels.

[i] https://www.eeoc.gov/eeoc/publications/promising-practices.cfm

[ii] https://www.eeoc.gov/eeoc/publications/promising-practices.cfm

[iii] https://www.eeoc.gov/eeoc/publications/promising-practices.cfm

[iv] https://www.eeoc.gov/eeoc/publications/promising-practices.cfm

[v] https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/congress-delays-cadillac-tax-until-2022.aspx

 

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Investigations, Law, Regulations, Uncategorized

2018 OSHA 300-A Posting Timeline

As many of us know; all employers are required to keep OSHA Form 300 (Injury and Illness Log) records throughout the year and must post Form 300A.  This annual summary of job-related illness and injuries, must be posted in the workplace by February 1, 2018.  The OSHA 300-A from should be posted in common areas, comparable to locations of labor and employment posters, workers compensation certification and paid family leave certification (break rooms, meeting rooms, kitchens, etc.).  The summary must include the total number of job-related injuries and illnesses that occurred in 2017.

Areas to remember:

  1. Posting Period: The posting period starts on February 1, 2018 and ends on April 30, 2018.
  2. What is a Form 300A: The form reports a business’s total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on the OSHA Form 300.  The information posted should also include the number of employees and the hours they worked for the year.  No recordable illnesses or injuries?    However, an organization must still post the form, with zeroes on the appropriate lines.
  3. Helpful Links:

OSHA Injury and Illness Recordkeeping and Reporting Requirements

Injury & Illness Recordkeeping Forms

OSHA Recordkeeping Advisor

Partially Exempt Industries List

“The Trump administration continues to look for ways to lessen the regulatory burden on employers. As a result, the Occupational Safety and Health Administration’s (OSHA) electronic recordkeeping regulation continues to be whittled down. OSHA’s latest Regulatory Agenda sets out new changes to the already beleaguered rule. Specifically, OSHA intends to propose to amend the Electronic Recordkeeping rule to eliminate the requirement that establishments with 250 or more employees submit OSHA 300 Logs and 301 forms. Instead, two types of establishments would continue to submit 300A summary forms: (1) establishments of 250 or more employees; and (2) establishments with between 20 and 249 employees in the high-hazard industries listed in Appendix A to the regulation. Employers with establishments meeting these criteria electronically submitted OSHA 300A summaries with 2016 data on or before December 31, 2017 and will submit their calendar year 2017 summaries by July 1, 2018. Beginning in 2019, and every year thereafter, covered establishments must submit the information by March 2.”[i]

As we see with many of the HR laws and regulations, OSHA is continuing to evolve and change under the new administration.  Ensure that you are monitoring for recent or upcoming changes and posting as required under the federal and state law.  Public sector rules will vary as well.  If you have questions, seek guidance.  Safety rules and regulations can be complex, just as HR laws and regulations are.

[i] https://ogletree.com/shared-content/content/blog/2018/january/osha-anticipates-more-changes-to-the-electronic-recordkeeping-rule

 

 

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Finances, Human Resources, Regulations, Uncategorized

4 Updates IRS Deadline to Supply ACA Forms to Employees

In late December 2017, the IRS announced an extension for employer’s providing Affordable Care Act forms to employee’s.  As the future of the Affordable Care Act is still undecided, employers should be proactive in distributing and communicating information to the workforce.

Below are 4 updates for the ACA:

  1. Extension: The IRS extended the date to March 2, 2018 to distribute the 2017 forms to employees.  This is a 30-day extension to the regularly scheduled date of late January 2018.
  2. Penalty: “The IRS, which announced the extension December 22 in Notice 2018-06, also said it will not impose penalties on employers that can show that they made good-faith efforts to comply with the Affordable Car Act’s (ACA’s) information reporting requirements for plan year 2017.”[1]

Notice 2018-06

Information Reporting Requirements for Plan Year 2017

  1. IRS Filing Deadline: The due dates for filing 2017 returns with the IRS is not extended.  The due dates to file information returns with the IRS remain; February 28 paper filers and April 2 electronic filers.
  2. The Future and Beyond: “Although this is the third year that the IRS has granted transition relief for reporting, the notice states significantly that the IRS does not anticipate granting transition relief for 2018 or future years,” Jost pointed out. “This statement highlights the fact that, although the individual mandate penalty is repealed as of 2019, the reporting requirements that support it, as well as the employer mandate, remain in effect.”[2]

Affordable Care Act (ACA) Tax Provisions

Form 1095-B

Form 1095-C

As leader’s, we must be proactive in approaching the Affordable Care Act’s current and future legislation.  As the individual mandate penalty is repealed, the healthcare law is still the law of the land, for now.  Continue to watch for more changes in 2018 and 2019.  The ACA is complex, seek guidance if you are unclear on a path-forward.

Below is a link to the NYS Paid Family Leave Resources:

NYS Paid Family Leave Employer Webinar

PFL Resource Page

Model Language for Employer Material

[1] https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/irs-extends-aca-form-distribution-deadline.aspx

[2] https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/irs-extends-aca-form-distribution-deadline.aspx