"Achoo," too bad for you: The politics of paid sick leave

Do you offer your employees paid sick leave or some sort of paid time off (PTO) bank? If not, the debate over paid sick days now unfolding in Washington, state capitals (like Connecticut and Massachusetts) and cities (like Philadelphia and New York City) could change all that.

Advocates of mandatory paid sick leave say it’s a critical benefit that builds good will and loyalty among employees, while eliminating the stress of missing a day’s pay when you’re under the weather. There’s also the health aspect: Sick workers who are experiencing fever or a nagging cough are highly contagious and as such, unnecessarily expose coworkers and customers to their germs. Obviously, the risk is that much greater for service workers who have contact with the public, including restaurant workers, school bus drivers, home health aides and janitors.

But opponents claim this is the last thing strained businesses need during these difficult economic times – that many employers would be forced to offset the cost of such a benefit by cutting positions, hours or other benefits.

Regarding the proposed Healthy Families Act in Washington, the Society for Human Resource Management (SHRM) has expressed its opposition, stating:

"A paid sick leave mandate as outlined in the Healthy Families Act would limit an employer's flexibility in designing a benefits package that meets the needs of their unique workforce, resulting in significant costs for employers as well as a potential loss to employees who prefer other benefits rather than paid sick leave."

But difficult doesn’t mean impossible. Businesses that already offer sick pay --  84% for management, professional and related occupations, and 42% for service workers, according to the U.S. Bureau of Labor Statistics --  are able to manage costs by:

=> Requiring employees to have been employed for a certain length of time before they are eligible to earn sick leave
=>Accruing sick leave at a certain rate per month or per the number of hours worked
=>Limiting the total hours employees can accrue each year

So what do you think? If you already offer paid sick leave, how do you keep the costs in line? And if you’re not a paid sick leave provider, what are your biggest concerns?

"Achoo," too bad for you: The politics of paid sick leave

New bill would require employers to grant time off to veterans on Veterans Day

The U.S. House of Representatives recently introduced a bill that would give veterans November 11 off for the Veterans Day holiday. If signed into the law, the bill would apply to employers with 50 or more employees, and employers could choose whether to offer the day off paid or unpaid. Also, employees seeking the time off would have to provide at least 30 days’ notice.

The proposed legislation is modeled after a law that already exists in Iowa. Supporters of the bill say veterans have earned the right to a day off that recognizes their service. Opponents, however, fear that the legislation would create a division between employees and put undue financial restraint on employers.

Check back here for updates on the status of the bill – and if it will require a mandatory posting in the workplace.

New bill would require employers to grant time off to veterans on Veterans Day

Can salaried employees receive overtime pay?

Towering billboards and catchy advertisements shout the message: “Unpaid overtime hours? Wronged by your employer? You may be entitled to money!”

Class action lawyers are enjoying a brisk business targeting employees who believe they haven’t received their entitled overtime pay – and helping them recover these “lost” wages in court. With the Department of Labor (DOL) estimating that a staggering 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA) in some manner, now is the time to review one of the biggest areas of vulnerability for employers: misclassifying employees as exempt vs. non-exempt.

The DOL states that:

The FLSA, which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.

Determining those employees “who are not otherwise exempt” is the tricky part, however. Problems may arise if it appears you’re avoiding paying an employee overtime pay by misclassifying the non-exempt employee as an exempt employee. In some cases, salaried employees are entitled to overtime pay; the distinction is whether the employee is “exempt” according to FLSA requirements. While most exempt employees must receive a salary, salaried workers aren’t necessarily exempt from being paid overtime for working more than 40 hours in a week.

Generally speaking, employees who work in an executive, administrative or professional capacity - as well as certain employees in computer-related positions and outside salespeople -are exempt. To qualify for an exemption, these employees must meet certain tests regarding their job duties and be paid a salary of at least $455 per week. Job titles do not determine exempt status. Rather, an exemption applies when an employee’s specific job duties and salary meet all the DOL regulations.

Check out the ComplyRight Now E-Guide, Determining Exempt vs. Non-Exempt Employees, for help figuring out whether an employee is exempt or non-exempt – and to steer clear of FLSA-related employee lawsuits.

Can salaried employees receive overtime pay?

Economy shrinking workers’ paychecks

More than one in three U.S. workers (39%) said that they had not received a raise or that their compensation had decreased as a result of the economic downturn, according to a new survey.

As part of their Tell It Now poll, ComPsych asked workers: “Has the economic downturn impacted your work? If so, in which area have you experienced the greatest impact?”

The highest number of workers (39%) said they haven’t received a raise or their compensation had actually decreased this year as a direct result of the economic downturn.

One in five workers (20%) reported increased conflict and stress among coworkers since the economic recession began.

Another 11% of workers said they’ve had to take on more work due to company layoffs. The added work has about 10% more workers reporting that they’re working more hours and unable to take as much vacation time as they usually do.

Just 20% of respondents said the economic downturn had no impact on their work.


We’d also like to know – Has the recession impacted your work? If so, which area has been impacted the most?

Economy shrinking workers’ paychecks

Don’t Facebook when home from work sick?

You feeling like you're coming down with the flu, so you use some of your paid sick time and stay home from work. Should you also stay away from Facebook?

Last month, a Swiss woman was fired from her job after surfing Facebook while out sick, according to her employer.

The employee said she could not work in front of a computer and needed to lie in the dark, but was later seen to be active on Facebook. Her employer, the National Suisse insurance company, said in a statement that her actions had destroyed the company's trust in the employee.

"This abuse of trust, rather than the activity on Facebook, led to the ending of the work contract," said a National Suisse spokesperson.

The woman admitted to using Facebook on her cell phone, but accused her employer of spying on her by sending a mysterious friend request that allowed the company to see her activities on the social network. The company denied her accusation and said a colleague witnessed her online activity.

So we want to know: When you stay home from work sick do you spend time on Facebook? Should employers care?

Leave a comment and let us know what you think.

Don’t Facebook when home from work sick?

HR pros push for paid leave policies

The Society for Human Resources Management (SHRM) is leading the way in a debate over a U.S. workplace flexibility policy that meets the needs of both employees and employers. SHRM today announced its commitment to assisting in the development of a federal policy in a letter to all U.S. Senators and Representatives.

"We believe employers should be encouraged to provide the paid leave their workforces need, and let employees decide how to use it," wrote SHRM CEO and President Laurence O'Neil. "Providing some agreed-upon amount of paid leave for workers should be considered as a way for employers to satisfy federal, state and local leave requirements." (PR Newswire)

It’s predicted that Congress and the Obama Administration will promote “paid sick leave” legislation this year because many believe current labor laws have fallen behind the times. Along with SHRM, they believe the current labor laws must adapt to the changing needs of a diverse and mobile workforce.

SHRM’s “Principles for a 21st Century Workplace Flexibility Policy” was also issued to Congress and the Administration, encouraging lawmakers to create a federal leave policy that encourages employers to voluntarily provide paid leave.

"SHRM believes employers, not the government, are in the best position to know the benefit preferences of their employees," O'Neil said. "HR professionals have decades of experience in designing and implementing programs that work for both employers and employees. We're eager to share this expertise with policymakers and welcome a positive dialogue on a workplace flexibility policy for the 21st Century."

The organization seeks a federal policy that would:

• Encourage employers to offer uniform and coordinated paid leave;
• Create administrative and compliance incentives for employers who meet the leave standard;
• Provide certainty, predictability and accountability for employers and employees; and
• Allow for different work environments, industries and organizational size.

Research data also released today by SHRM reveals that most U.S. employers currently provide some form of paid vacation leave for full-time employees. The survey of more than 500 randomly polled HR practitioners showed that nine out of 10 respondents provide paid vacation leave, eight out of 10 provide sick leave and 42% offer leave through a paid time off (PTO) program for full-time employees.

"Solid benefits program makes it easier for organizations to attract and retain great employees," O'Neil said. "Both employers and employees want a workplace characterized by fairness, balance, flexibility and freedom of choice. We're ready to take the lead in working with all parties to find a solution for America's workers, their families and employers."

Do you agree with SHRM’s push for setting a new policy on workplace leave? What types of paid-time-off benefits does your organization currently offer full-time employees?

HR pros push for paid leave policies

Employee voting rights: Time to review your policies

Now is the time for employers to review and update policies and procedures for giving employees time off to cast their ballots on November 4.

While there are no federal laws mandating businesses to give employees time off from work to vote, many states require it. By fully understanding the employee voting rights in your state, you will know the best way to handle the barrage of questions and requests coming your way in the next two weeks.

Most state voting laws require businesses to adhere to the following rules:

• If voting polls are open for two or more hours before or after employees’ normal working hours, the employer is not required to give paid time off.
• Employers have the right to ask for written request from employees for time off to vote.
• Employers may designate a certain time when employees are permitted to take time off to vote.
• Lunch periods may not be included as part of the time off designated for voting.
• Employees may not be disciplined or retaliated against for taking time off to vote.

There is no rule prohibiting businesses from giving employees more flexibility or privileges that what the law mandates.

Since most state laws only refer to voting on Election Day, you may run into some confusion when employees ask for time off to vote early. The best practice would be to allow an employee to vote early in the same way you would allow them time off to vote on Election Day, according to John Phillips at The Word on Employment Law blog.

He gives two reasons for this best practice:

“Every state’s public policy is to encourage voting in elections. If you deny an employee’s request to take time off to vote (even if there’s a technical basis for doing this given the specific language in your state statute), you could violate your state’s public policy. And even if you don’t, you probably don’t want to become, particularly this year, the poster child for employers who make it difficult for their employees to vote. Voting is a hot button issue, and the media would likely give a lot of publicity to this kind of situation.”

Another good practice to consider following is to send a notice explaining your company’s voting day policy to employees through e-mail and post it for those employees without e-mail access at least a week before Election Day.

Be knowledgeable of the time off for voting laws in your state and make sure your organization’s policy matches up. Ensure all managers are following the policy consistently - if you’re flexible for one employee, extend the same flexibility to every employee.

Phillips has compiled a list of voting time off laws by state at The Word on Employment Law blog. For more information on the voting rules in your state, contact your state labor department.

Employee voting rights: Time to review your policies