Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

March 6, 2007 — Volume 8, Number 22

AHI's Believe It Or Not
Workers at a New York-based cable installation company were shocked to see a noose hanging from the ceiling. So the predominately African-American workforce complained to their manager. What shocked them even more was the conversation (which an employee recorded) that ensued. Employees: "Who’s that rope for?" Manager: "Anybody that goes past that door that I don’t want." Employees: "You’ll hang 'em?" Manager: "Yes." What shouldn’t come as a shock is that the manager was suspended and the company is preparing to defend against a hostile environment claim.

IN THIS ISSUE:

1. Feature Story: Perfect Attendance Awards Are Far From Perfect

2. A True Case Of Office Politics

3. HR Soapbox: Got Burnout?


 


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1. FEATURE STORY:
PERFECT ATTENDANCE AWARDS ARE FAR FROM PERFECT

Absenteeism is an issue that affects all employers, all year long, no matter what the weather. In the winter, there's an increase in absences due to illness, bad weather, and even good weather (snow birds hear the call of a perfect ski day). With the warm weather on its way, you can still anticipate absences due to illness (more allergy-related than cold- and flu-related), bad weather (hurricanes and wildfires), and, especially, good weather. How do you motivate employees to cut down on absenteeism? Offering perfect attendance awards may not be the right carrot. Here's why.

1. It won't motivate the employees who feel that achieving perfect attendance is too lofty of a goal. You'll likely find that it's the same employees getting the award; the others won't care and won't bother.

2. It'll drive some employees to get to work no matter what — no matter that they have the flu and wind up infecting others who then have to take sick days.

3. It punishes non-abusers. Theoretically, an attendance award is supposed to motivate those with poor attendance who see nothing wrong with calling out "sick" in order to recover at the mall, a casino, or the beach. However, you'll wind up having to take the award away from an employee who has a great attendance record, but then has the bad luck of having his/her car break down one day.

4. The award must be just right. Too large — see #2. Too small — see #1. Giving extra time off is counter to the goal of the award, which is having employees at work.

5. Watch the Family and Medical Leave Act (FMLA). You know you cannot count FMLA absences against employees. But does the employee who misses out on the award due to a one-day absence for a family emergency and sees a co-worker receive the award despite being out for weeks at a time? You can explain the law all you want, but the employee will likely still be demotivated when comparing attendance records.

6. Beware of how you define "perfect." It should never include legally protected time off, such as jury duty. You also don't want to discourage employees from using vacation time because it sends the message that your company doesn't respect employees' need to relax and recharge.

Absenteeism Answers

Opponents of perfect attendance awards criticize the concept of rewarding employees for doing what's expected of them, which is to show up for work on time every day, and favor saving awards for those who go above and beyond expectations.

Treating absenteeism like the disciplinary issue it is may be more effective at curbing abuse. Follow your company's discipline policy when employees violate the attendance policy. Rate attendance, reliability, and/or dependability on performance appraisals.

Carrots to consider: Pay out unused sick time so employees don't feel like they're losing a benefit; base the accrual of PTO on attendance (e.g., PTO accrues on a monthly or pay-period basis unless the employee had an attendance policy violation in the previous month or pay period); publicly praise employees on a communal bulletin board, in a company newsletter, or in a congratulatory e-mail from top brass.

PTO Cover2006 Survey Of Traditional Time Off
And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how almost 800 organizations responded to over 25 key paid time off questions like:

  • Can implementing a PTO leave bank reduce absenteeism?
  • How much time off is given for vacations, holidays, paid sick leave, personal time, etc., by companies that use traditional leave programs?
  • How much time off is given for vacations, holidays, paid sick leave, personal time, etc., by companies that use PTO banks?
  • Can employees borrow, carry over, cash out...how much and when?
  • Is unused vacation/PTO paid upon termination?
  • Is sick leave included in your PTO bank or is it tracked separately?
  • When do employees acquire the time they can use to take days off?
  • What's the biggest problem pinpointed by PTO practitioners?
  • How do the 2006 survey results compare to those of 2005? Are any trends emerging?

This valuable report contains expert guidance you can use immediately to:

  • reduce the amount of administration time you have to spend calculating vacation and sick time
  • effectively convert to a PTO system
  • put a steel trap on your top talent by ensuring you stack up well against your competitors when it comes to paid time off.

Visit our website to get your copy of AHI's 2006 Survey Of Traditional Time Off And PTO Program Practices today!

2.

A TRUE CASE OF OFFICE POLITICS

Everyone has an opinion on the war in Iraq. And there are just as many opinions on whether they should be expressed in the workplace. While it is true that employees have a right to freedom of speech, it is also true that that protection is...View the full story on our website.

FREE REPORT

Check out the new Free Report, "Welcoming A Wellness Program Into Your Workplace," which contains 10 keys to unlocking wellness program implementation success in your organization.  Plus, learn how to calculate a return on investment of your wellness dollars and how to stay in step with the Health Insurance Portability and Accountability Act's non-discrimination provisions as they apply to wellness programs.

3.
HR SOAPBOX: GOT BURNOUT?

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Got Burnout?," in which an editor offers easy-to-implement suggestions for overcoming work-related burnout.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Employer's Guide To Record-Keeping Requirements2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Employee Problem Solver 3.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

AHI's Complete Employee Termination Kit4.
AHI’s Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you’ll need.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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