Navigating ADA Reasonable Accommodations: A Helpful Guide for Employers

The Americans with Disabilities Act (ADA) outlines a “reasonable accommodation” as the following: a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities.”  These modifications can be as simple as providing an employee with an ergonomic keyboard, but can be as complicated as creating policies that allow pets at work or modifying the existing physical layout of the office. The most important part is how the company engages with the employee who is requesting the accommodation and taking the requests seriously and with support and grace.

In our experience, most accommodations can be made for an employee, and policies can be easily modified or created to roll out quickly and without much disruption for the company or the team. But in some cases, in the end, the accommodation requested may be too far outside what the company can reasonably accommodate. In which case, the documentation of this process and any attempts for finding an acceptable solution is super important. 

Here are our suggested steps for processing a reasonable accommodation request:

ADA Reasonable Accommodation High-level Process

• HR begins interactive process

• Sets meeting with employee to understand and document the disability and requested accommodation

• Manager partners with HR to create ADA job description if one does not exist already (helpful info here). Two key things needed from manager:

• 1. Job description

• 2. Normal work schedule (to be inputted to physician form)

• Employee to fill out the ADA reasonable accommodation request form

• Doctor to validate by completing physician form

• Keep employee in the loop on status/updates

• Evaluate reasonable accommodation requests and company’s available options for adjustments

• Once an option has been identified and approved, notify employee and send reasonable accommodation approval letter to employee.

• [If involving purchasing items] 

• Company should create a predetermined list of approved accommodation items (e.g., chair, ergonomic keyboard, etc.)

• Ideal to present more than one option to employee as reasonable accommodation item

• Determine whether employees will be responsible to return items

A sample communication:

Subject: Reasonable Accommodation Request - NAME

Dear NAME,

On DATE, you informed me of your medical condition and requested a job accommodation to be able to perform your job functions. Company complies with ADAAA, and we want to support you in continuing to perform your job duties. As part of the process to assist you with your request, we will need the following from you: 

1. Employee Reasonable Accommodation request form. Please complete the attached request form detailing accommodations request, reasons for the accommodation (also sent via DocuSign to complete electronically as an alternative)

2. Certification from medical provider. Please take your job description (enclosed) to your medical provider and review how your medical condition may affect your job functions. Ask your medical provider to indicate in writing using the attached document to verify your disability, describe how the employee’s limitations impair the ability to perform the duties of the job and indicate whether these limitations are temporary or permanent, and a recommendation of specific reasonable accommodation(s)

Please be assured your medical information will remain confidential. After we have received this information, we will review your accommodation request and respond to you. If you have any questions, please do not hesitate to contact myself at EMAIL. 

Please try to have information from your physician to us within 5 business days (DATE) and we will schedule our next meeting. If we do not receive complete documentation by this date we may not be able to accommodate your request.

Thanks,

Name

At Retain we have managed thousands of reasonable requests for our clients over the years- if you have any questions or need some guidance, please feel free to reach out at any point: hello@retainhr.com

Navigating Political Conversations in the Workplace: A Manager's Guide to Foster Productive Discourse

Here we are again, in another election year and tensions are high. In today's politically charged climate, the workplace has become an arena where differing opinions on political matters can lead to tension and drama among employees. With the heightened emotions that accompany election years, managers and leaders face the challenge of maintaining a productive and respectful work environment while also upholding the principles of free speech and expression. Navigating political conversations in the office requires finesse, understanding, and clear guidelines to ensure that discussions remain constructive and respectful. Here are some things we suggest for managers and leadership to consider:

Understanding Legal Boundaries

First and foremost, it's crucial for managers and employers to understand the legal boundaries surrounding political discussions in the workplace. While employers generally have the right to set guidelines for employee conduct, there are legal restrictions on their ability to restrict political speech.

In the United States, the National Labor Relations Act (NLRA) protects employees' rights to engage in discussions about wages, hours, and working conditions, which may encompass some political topics. Additionally, Title VII of the Civil Rights Act prohibits discrimination based on political beliefs or affiliations. Therefore, any policies regarding political speech must be carefully crafted to avoid infringing upon employees' rights.

Establishing Clear Policies

To promote a respectful and inclusive work environment, managers should establish clear policies regarding political discussions in the workplace. These policies should outline expectations for behavior and communication while also respecting employees' rights to express their opinions.

• Encourage Respectful Dialogue: Emphasize the importance of respectful communication and constructive debate. Remind employees to listen actively, refrain from personal attacks, and consider diverse perspectives.

• Set Boundaries: While political discussions are permissible, establish boundaries to prevent conversations from becoming disruptive or offensive. Encourage employees to avoid topics that may be particularly sensitive or polarizing within the workplace.

• Designate Neutral Spaces: Consider designating specific areas within the workplace where political discussions are allowed, such as break rooms or communal areas. This allows employees to engage in such conversations without disrupting others who may prefer to remain focused on work tasks. And with more and more companies being remote these days, we suggest reminding the team that Slack (etc) is a work tool and not to be used for political conversations.

• Clarify Social Media Policies: In today's digital age, political discussions often extend beyond the office walls. Establish guidelines for appropriate conduct on social media platforms, emphasizing the importance of representing the company in a positive light and respecting diverse viewpoints.

Addressing Disputes and Conflict

Despite best efforts to promote civility, conflicts may still arise from political discussions in the workplace. Managers should be prepared to address disputes promptly and impartially, focusing on de-escalation and resolution.

• Encourage Open Dialogue: Encourage employees to address concerns or conflicts directly with one another in a respectful manner. Provide guidance on effective communication strategies and conflict resolution techniques.

• Mediation and Facilitation: In cases where disputes escalate, consider engaging a neutral mediator or facilitator to help parties work through their differences. A trained professional can help foster understanding and find mutually acceptable solutions.

• Enforce Policies Consistently: Be consistent in enforcing workplace policies regarding political discussions. Address any violations promptly and impartially, emphasizing the importance of maintaining a respectful and inclusive environment for all employees.

Navigating political conversations in the workplace requires a delicate balance between upholding employees' rights to free speech and maintaining a productive and respectful work environment. By establishing clear policies, promoting respectful dialogue, and addressing conflicts promptly and impartially, managers and leaders can create an environment where diverse viewpoints are welcomed and differences are respected. Ultimately, fostering a culture of open communication and mutual respect will contribute to a more harmonious and cohesive workplace for all employees.

Navigating Chaos: Strategies for Helping Employees Manage Workplace Stress

In today's fast-paced and uncertain world, workplace stress has become an increasingly prevalent issue affecting employees across industries. From economic instability to global crises, the chaos surrounding us can take a toll on mental health and productivity. As a leader, it's crucial to recognize the impact of stress on your team and proactively implement strategies to support their well-being. Here are some effective ways to help your employees manage stress in the workplace during times of chaos:

Foster Open Communication

Create a culture where employees feel comfortable expressing their concerns and emotions. Encourage open dialogue by scheduling regular check-ins, team meetings, or one-on-one sessions. Actively listen to their challenges and provide reassurance that their well-being is a top priority.

Provide Resources and Support

Equip your team with the resources they need to cope with stress effectively. This could include access to mental health professionals, employee assistance programs, mindfulness workshops, or stress management seminars. By investing in their well-being, you demonstrate your commitment to their success both professionally and personally.

Encourage Work-Life Balance

In times of chaos, maintaining a healthy work-life balance becomes even more crucial. Encourage your employees to set boundaries between work and personal life, such as establishing designated "unplugged" time or taking regular breaks throughout the day. Lead by example by prioritizing your own well-being and respecting your team's need for downtime.

Empower with Flexibility

Flexibility in work arrangements can significantly alleviate stress for employees juggling personal and professional responsibilities. Offer flexible scheduling, remote work options, or compressed workweeks to accommodate individual needs. Empowering employees with control over their work environment fosters a sense of autonomy and reduces feelings of overwhelm.

Foster a Supportive Community

Cultivate a supportive and inclusive workplace culture where employees feel connected and valued. Encourage team bonding activities, foster collaboration, and celebrate achievements together. Building a strong sense of community provides a support network for employees to lean on during challenging times.

Lead with Empathy and Compassion

Show empathy towards your team members by acknowledging the unique challenges they may be facing. Understand that everyone responds to stress differently and be patient with individual needs. Offer words of encouragement, praise their resilience, and express gratitude for their hard work and dedication.

Promote Self-Care Practices

Encourage employees to prioritize self-care and engage in activities that promote mental and physical well-being. This could include encouraging regular exercise, practicing mindfulness or meditation, or taking breaks to recharge throughout the day. Provide resources and support for self-care initiatives within the workplace.

By implementing these strategies, you can create a supportive and resilient workplace environment where employees feel empowered to manage stress effectively, navigate chaos, and thrive in their roles. Remember, investing in the well-being of your team not only enhances productivity and morale but also fosters a culture of compassion and resilience that will benefit your organization in the long run.

Identifying and Addressing Gender Pay Gaps

Despite increased awareness and advocacy, gender pay gaps continue to persist in most organizations. Studies consistently reveal that women earn less than men across various industries and positions. According to The Pew Research Center, American women typically earned 82 cents for every dollar earned by men. Addressing this issue isn't just about identifying and fixing past injustices; it's about fostering an environment where every individual is valued and compensated fairly for their contributions. In this blog post, we'll delve into the root causes of gender pay gaps, tangible methods to identify and rectify these discrepancies, and strategies to ensure fair compensation practices in the future.

Understanding the Gender Pay Gap

Gender pay gaps occur due to many factors, including (but not limited to):

• Bias in Salary Negotiations: Studies suggest that women are less likely to negotiate their salaries compared to men, leading to initial disparities in pay

• Occupational Segregation: Women are often clustered in lower-paying industries or roles, while men dominate higher-paying sectors

• Unconscious Bias: Subtle biases in the recruitment process, performance evaluations, promotions, and assignment of high-profile projects can lead to unequal compensation

• Lack of Transparency: When salary information is not transparent within an organization, disparities can go unnoticed and unaddressed

Identifying Current Issues

To address gender pay gaps effectively, organizations must first identify existing disparities. Here are some tangible ways to do so:

• Conduct Pay Audits: Regularly review salary data by gender, role, and level within the organization to identify any discrepancies

• Analyze Promotion and Raise Patterns: Examine patterns of promotions and salary increases to ensure they are equitable across genders

• Employee Surveys and Feedback: Gather anonymous feedback from employees to understand overall corporate culture, including perceptions of fairness in compensation practices

• External Benchmarking: Compare your organization's pay practices with industry standards to identify areas for improvement

Fixing Current Issues

Once disparities are identified, organizations must take proactive steps to address them:

• Equalize Pay for Comparable Roles: Adjust salaries where discrepancies exist for employees performing similar roles and exhibiting comparable skills and experience

• Implement Transparent Pay Practices: Establish clear criteria and processes for determining compensation, ensuring transparency in salary structures and promotion pathways

• Provide Negotiation Training: Offer negotiation workshops to empower all employees, particularly women, to advocate for fair compensation

• Address Unconscious Bias: Implement bias training programs for managers and decision-makers to mitigate unconscious biases in performance evaluations and promotion decisions

Ensuring Fair Compensation Practices Moving Forward

To prevent compensation discrimination in the future, organizations can adopt the following strategies:

• Regular Monitoring and Evaluation: Continuously monitor pay practices and conduct regular audits to ensure ongoing fairness and equity

• Promote Diversity in Leadership: Foster a diverse leadership team that champions equity and inclusivity in all aspects of organizational culture, including compensation

• Create Accountability Measures: Hold managers and executives accountable for equitable pay practices through performance evaluations and incentives tied to diversity and inclusion goals

• Create and Encourage a Culture of Transparency and Open Communication: Encourage open dialogue about compensation practices and provide avenues for employees to raise concerns or seek clarification

Addressing gender pay gaps requires a multifaceted approach that combines data-driven analysis, proactive measures to rectify existing disparities, and a commitment to fostering a culture of equity and transparency. Prioritizing these strategies can be tough at first, but organizations that not only rectify past injustices but also create a more inclusive and equitable workplace where every individual is valued and compensated fairly for their contributions will have a higher rate of success overall. This also includes a higher success rate in recruiting and retention. We have helped companies implement these strategies all over the USA - we are on deck to jump in and help if you need some support. Just let us know!

HR Consultants: The Essential HR Support for HR Teams

In the ever-evolving landscape of human resources (HR), where strategic talent management meets the dynamic needs of organizations, a new breed of professionals has emerged as the unsung heroes behind the scenes – HR consultants - they are the HR for HR. As specialists, they play a pivotal role in reshaping the way HR functions within companies, bringing a fresh perspective and invaluable expertise to the table.

Collaborating closely with founders or established HR teams, HR consultants specialize in refining HR processes, enriching employee experiences, and driving organizational success. They are not just consultants; they are the architects of change, guiding HR professionals through the complexities of modern workforce management. They act as navigators in the vast HR landscape, helping HR teams steer through challenges and capitalize on opportunities. Whether it's implementing innovative technologies, designing employee engagement programs, or refining talent acquisition strategies, HR consultants bring a wealth of experience and a toolbox of best practices.

In the corporate realm, HR consultants are the strategic partners HR professionals need. They bring an external perspective, industry insights, and a deep understanding of the latest trends. By leveraging the expertise of HR consultants, HR teams can stay ahead of the curve and remain agile in the face of change.

The future of work is dynamic, with remote and hybrid models becoming the new norm. HR consultants are equipped to help in-house HR teams adapt to these changes seamlessly. From crafting flexible policies to fostering a culture of inclusivity in virtual environments, HR consultants play a crucial role in building the workforce of the future.

Being HR for HR is not just about providing solutions but about elevating HR practices to new heights. At Retain, we provide flexible, on-demand HR support for businesses without adding headcount. Though we specialize in the startup and SMB space, we also work with Fortune 500 companies and nonprofits. Our clients range from tech startups to advertising agencies, fashion brands and crypto.

Here’s what some of our client have to say about working with us:

"Retain is my first experience having entirely outsourced HR, but what I love about it is that it doesn't feel outsourced. Our consultant, for all intents and purposes, was internal and felt internal. They knew all the ins and outs of what we needed and everything they were responsible for. We utilized Retain a lot early on and as a result of partnering with them have been able to streamline, we've also brought more people in house to continue streamlining the HR function."

Marin Baltes, Former EVP of Operations | Brainjolt

"Retain very much met my expectations. What exceeded my expectations was how they handled things, they were so easy to work with, very informative, and had a spirit of teaching in addition to helping us do the work, which is really great."

"I think, especially when you are running a small company, there are just so many things you need to do. HR is just one of those things you really don’t want to mess up, and having people who are experts/consummate professionals help you with that is just really invaluable. "

Michael Tseng, Head of Operations | DarkZero Esports

“Our payroll specialist is regularly a lifesaver for me and the Mina team! At least once a month I come to her with some varying degree of crisis and she always responds nearly instantly with an answer or a solution. She is a force of calm in the chaos that I regularly bring to her inbox.”

Kate Remias, Head of People | Mina Foundation

From managing the full employee lifecycle to benefits administration, recruitment strategy, compliance, and learning and development, we empower organizations to shape the future of work with innovation and tactical acumen.

Navigating the March Madness: Pros, Cons, and Strategies for Office Gambling

As March rolls around, so does the feverish excitement of March Madness, one of the most anticipated events in the sporting calendar. For many, it's not just about cheering for their favorite teams; it's also about the thrill of filling out brackets and participating in office pools. But as employers, the decision to allow or prohibit in-office gambling for March Madness comes with its own set of challenges and considerations. Let's dig into the pros and cons to help navigate this delicate balance.

Pros:

• Boosts Morale and Engagement: Allowing employees to engage in friendly bracket competitions can foster a sense of camaraderie and team spirit within the office. It provides an opportunity for employees to bond over shared interests outside of work tasks, potentially improving workplace relationships and morale.

• Enhances Company Culture: Embracing the excitement of March Madness can contribute to a vibrant and dynamic company culture. It shows that the company values employees' interests and is willing to provide avenues for them to unwind and enjoy themselves within reasonable bounds.

• Increases Productivity and Focus: Contrary to common belief, occasional breaks and diversions can actually enhance productivity by giving employees a mental breather. Allowing them to participate in March Madness activities during designated break times can reenergize them, leading to better focus and performance when they return to work tasks.

• Promotes Healthy Competition: Healthy competition can drive individuals to excel and push their limits. Participating in bracket challenges can ignite a sense of competitiveness among employees, motivating them to strategize and engage in friendly banter without compromising professional relationships.

Cons:

• Legal and Compliance Risks: Depending on the jurisdiction and the specific nature of the gambling involved, allowing in-office gambling for March Madness can pose legal risks for the company. It's crucial to ensure compliance with local laws and regulations regarding gambling to avoid potential legal ramifications and reputational damage.

• Potential for Disruption: Excessive focus on March Madness activities within the office can lead to distractions and disruptions in workflow. Employees may spend excessive time discussing or monitoring tournament updates, leading to decreased productivity and missed deadlines.

• Risk of Addiction: For some individuals, gambling can spiral into addiction, leading to financial and personal problems. While most employees may engage in March Madness activities responsibly, there is a risk that individuals with addictive tendencies may be adversely affected. Employers have a responsibility to promote a safe and supportive environment and should consider the potential impact on vulnerable individuals.

• Inequality and Discomfort: Participation in office gambling activities may not be feasible or comfortable for all employees. Some may feel pressured to participate even if they're not interested, while others may abstain due to personal and religious beliefs or financial constraints. This can create feelings of exclusion or discomfort among certain segments of the workforce, undermining the sense of inclusivity and equity within the organization.

Suggestions:

• Team Participation: Rather than having individuals creating brackets, we have seen success with teams/departments collaborating on these brackets on a volunteer basis. This promotes teambuilding but also allows for those who are curious but not fully prepared to participate without the risk of feeling left out or stressed about prepping for participation. 

• Awards: Rather than participating for the chance of winning money people have contributed, we suggest the company award the winning team something together- a lunch, a happy hour, a teambuilding event etc. This way you are avoiding the complexity and risk associated with gambling with cash, and instead focused on building community and culture within your organization.

• Focus: As a Founder you just have to know that there will be members of your team that are really obsessed with games this time of year. They will be checking scores on their phones and likely on their computers. Set realistic expectations, remind of policies you have created, but also be flexible. Monitoring this too closely can create a micromanaged culture that is hard to recover from later, but not monitoring at all can turn your office into a sports bar. (We have seen both!) We suggest having designated times to have games on or have a volunteer add overall scores on Slack at the end of the day for everyone to get caught up quickly. As a manager, focusing on your employees staying on track for their goals and productivity rather than what they are watching/checking throughout the day is important.

• Communication: Being proactive in communicating your expectations around this time as well as what the company has decided is allowed for its employees during this time is critical. It is also very important to reiterate that any participation is completely voluntary and no one should feel pressured to participate (especially given sensitivities for those with gambling issues or religious conflicts with participation) as well as reminding people who have questions or want to talk through

Rather than adopting a one-size-fits-all approach, consider implementing guidelines and policies that promote responsible participation, provide alternatives for those who prefer not to participate, and prioritize compliance with relevant laws and regulations. By doing so, employers can harness the excitement of March Madness while upholding the values of safety, support, and inclusivity within the workplace.

Benefits of Financial Wellness in the Workplace

Previously, we have discussed how important employee wellness is in the workplace. One area that we have not touched on is financial wellness. Financial stress is one of the most common and top stressors among adults in the US. Concerns caused by financial instability often spill over into other aspects of an employees life, negatively affecting health, productivity, and overall engagement. Providing employees with support for financial wellness can lead to increased productivity, a more engaged workforce, and a more inclusive and equitable workplace.

Here are just a few ways that you can empower your employees with employer-sponsored financial wellness benefits:

1. Financial Education:

Providing employees with access to comprehensive financial coaching or education programs. These programs can cover a wide range of topics such as basic money management skills, retirement planning strategies, and debt repayment strategies. Offering financial education opportunities will enable your employees to feel empowered in making financial decisions, and enhance their financial literacy as they gain the skills to navigate complex financial decisions.

2. Retirement Savings Assistance:

The Secure Act 2.0 otherwise known as the 401(k) bill requires most companies to enroll employees into the companies retirement plan automatically. Offering retirement benefits can help attract and retain top talent, however these programs lack the financial education and budgeting basics that allow employees to feel comfortable in contributing. Providing more education on a current 401K investment plan, and discussing the differences between IRA’s, FSA’s, HSA’s, and other savings account opportunities you might already be offering can be a valuable investment. Additionally, consider offering an incentive such as an employer match on contributions, encouraging employees to invest.

3. Financial Wellness Tools and Apps:

There are quite a few financial wellness tools and apps that are available to employees including budgeting apps, expense trackers, retirement savings calculators, and more. These apps and tools can help employees to achieve their financial goals. Some are specifically designed to help with savings and investing, others offer more education. Here is a short list of 8 tools, and a breakdown of pros and cons.

4. Flexible Compensation Packages:

Flexible compensation packages allow employees to play a larger role in allocating funds towards different aspects of their lives. For example, this may involve offering traditional options such as flexible spending accounts or health savings plans, or more non-traditional options that are becoming increasingly more popular such as reimbursements for childcare expenses and student loan repayments.

To get started, we recommend surveying employees to get a better idea of their specific financial challenges, and to understand what the need is specifically. Before moving forward with any education, we also recommend working with trained financial advisors. You can find helpful resources on the Consumer Financial Protection Bureau website, and of course we recommend partnering closely with both your benefits brokers and HR partners. Reach out to Retain today to schedule a free consultation, we can help tailor your financial education program to meet the needs of your employees.

A Founder's Guide to Building a Gender-Equitable Organization for Long-Term Success

In today's rapidly evolving corporate landscape, fostering gender equity isn't just morally imperative; it's also a strategic business decision. Research consistently shows that diverse and inclusive workplaces lead to better decision-making, higher employee engagement, and ultimately, improved financial performance. As a leader, championing gender equity within your organization isn't just the right thing to do; it's also crucial for long-term success. Here are some actionable tips to help you build and grow a more gender-equitable organization:

• Lead by Example: Founder commitment is paramount. Showcase your dedication to gender equity through both your words and actions. Make it clear that fostering an inclusive culture where everyone has equal opportunities for growth and advancement is a top priority for you and the entire leadership team.

• Establish Clear Policies and Procedures: Implementing transparent policies and procedures for hiring, promotions, and compensation can help mitigate biases and ensure fairness. Conduct regular reviews to identify and address any gender disparities in these processes.

• Invest in Diversity Training: Provide regular diversity and inclusion training for all employees, including managers and executives. These sessions can help raise awareness of unconscious biases, and equip your team with the tools to promote equity and respect in the workplace.

• Promote Mentorship and Sponsorship Programs: Encourage the formation of mentorship and sponsorship programs that pair women employees with senior leaders who can provide guidance, support, and advocacy for their career advancement.

• Create Flexible Work Arrangements: Recognize that employees have diverse needs and commitments outside of work. Offer flexible work arrangements, such as remote work options or flexible hours, to accommodate different lifestyles and caregiving responsibilities.

• Regularly Measure and Report Progress: Establish key performance indicators (KPIs) to track progress toward gender equity goals. Regularly measure and report on metrics such as gender representation at different levels of the organization, pay equity, and employee satisfaction surveys.

• Encourage Employee Resource Groups: Support the formation of employee resource groups (ERGs) focused on gender diversity and inclusion. These groups provide a platform for employees to share experiences, offer support, and advocate for change within the organization.

• Review and Update Policies Regularly: The business landscape and societal norms are constantly evolving. Regularly review and update your organization's policies and practices to ensure they remain aligned with best practices and evolving expectations around gender equity.

• Hold Everyone Accountable: Ensure that all employees, regardless of their position or seniority, are held accountable for promoting and upholding a culture of gender equity and inclusion. Incorporate these principles into performance evaluations and reward systems.

• Celebrate Successes and Learn from Failures: Acknowledge and celebrate achievements in advancing gender equity within your organization. At the same time, be willing to learn from failures and setbacks, using them as opportunities for growth and continuous improvement.

Building a gender-equitable organization requires a concerted effort from all levels of leadership and across all departments. As a Founder, you have a unique opportunity to drive meaningful change and create a workplace where everyone feels valued, respected, and empowered to succeed. By implementing these tips and fostering a culture of inclusion and equity, you can set your organization on a path towards greater diversity, innovation, and success. And if you need some help brainstorming or implementing change in your organization, we are here to help!

Key Things to Consider in Attendance Policies

If your workforce includes non-exempt hourly employees, it is strongly recommended to implement an attendance policy in order for your business to run smoothly and to set clear expectations across the organization. Continue reading below for a few key things to consider including in your company policy.

Tardiness

• Define what is considered “tardy” within your organization. For example, if you allow a five-minute grace period for clocking in from the start of an employee’s shift then someone will be tardy if they clock in six minutes from the start of their shift.

• Determine what disciplinary action will be taken for initial and repeat offenses. For example, a policy might outline that if someone is tardy for two instances in a given workweek, the company will issue a verbal warning and if repeated offenses occur, a written warning may be called for.

• Clearly outline that it is against company policy to submit false time cards or to clock in or out for other employees.

Callouts

• Generally, a “callout” occurs when an employee does not have pre-planned approved time off and notifies their manager on the date of their shift that they will not be able to report to work as scheduled.

• As with your tardiness guidelines, identify and outline disciplinary action that your company will take for initial and repeated offenses of no shows/no calls.

No-shows/No-calls

• Generally, a “no-show” occurs when an employee is scheduled to work but did not report to work and a “no-call” means that an employee did not communicate with their supervisor that they would not report to work.

• Define what is considered a “no-show/no-call” by your organization. For example, a company might consider a no-show/no call to occur when an employee does not report to work within one hour of their shift start time without notice to their manager

• As with your tardiness and callout guidelines, identify and outline disciplinary action that your company will take for initial and repeated offenses of no shows/no calls

• Repeated no-shows/no-calls may lead to job abandonment

Job Abandonment

• Generally, job abandonment occurs if an employee fails to show up for work or fails to call in with an acceptable reason for the absence for a certain period of time. For example, a company policy might outline that an employee will be considered to have abandoned their job and voluntarily resigned from from their position if they no-show/no-call for three consecutive days, or other amount of time.

• One note of caution, however, is that emergency situations may arise with employees that we may not be aware of. So instead of waiting for the defined period to pass and then assume job abandonment, we recommend contacting the employee’s emergency contact on file 24 hours from the start of the employee's first missed shift. If you are unable to connect with their emergency contact, you may want to consider contacting local authorities to conduct a wellness check.

Navigating the Thin Line: Addressing Workplace Compliments and Handling Sexual Harassment Claims with Care

In a world where the line between genuine compliments and inappropriate behavior is becoming increasingly blurred, it is essential to navigate the delicate balance between acceptable and unprofessional (and in some cases, illegal). One topic that often sparks debate is the act of complimenting someone on their physical appearance while in the workplace. While it's crucial to recognize the nuances surrounding such compliments, it's equally important to understand that expressing admiration for someone's doesn't inherently constitute sexual harassment. And this particular instance would not be considered harassment; in this blog post, however, we will dig into an appropriate way to handle a sexual harassment complaint.

First and foremost, it’s important to create a safe and confidential complaint and reporting process. Generally, this is outlined in the Employee Handbook under “Complaint and Investigative Procedures” and should include definitions of harassment, who to reach out to, and what the process looks like. 

As a first step, upon receiving the complaint it is critical that immediate action is taken. The claim should be investigated immediately and all parties are treated fairly. A fair and unbiased investigation is critical in learning the facts and making a determination about the allegation. We strongly recommend assigning this to an individual or team who is trained and has experience investigating these types of complaints. This is usually your HR leader or legal representative. During the investigation, the investigator should interview any involved parties - this may include coworkers, vendors, or clients. 

Through the investigation, if it is determined that harassment did occur, appropriate corrective and/or discriminatory measures should take place. This may include any of the following: 

• Strict and documented warnings regarding this behavior

• Changing employment terms (location, shifts, reporting structures etc.)

• Training or retraining on sexual harassment in the workplace

• Disciplinary actions up to and potentially including termination.

The outcome of the investigation should be communicated to all parties and thoroughly documented. 

There are several measures that an employer should take to prevent any type of harassment from occuring in the workplace - this may include anti-harassment and bystander intervention training, and professional behavior training and guidance. It is also equally important to have the organization’s policies and procedures for reporting and addressing harassment in the employee manual be current and reviewed and signed by all employees. 

Handling a sexual harassment claim is a delicate and sensitive process that should be handled by a trained team. It is key that employers create a culture to prevent these occurrences from taking place in the first place, but in the case that they do, it’s key to establish policies and procedures to address claims when they do come up. If your company is lacking these policies or would like a review of your current policies and procedures regarding harassment in the workplace, feel free to reach out for a complimentary call to see if we can help!