Employment Law Today Masthead
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October 30, 2007 — Volume 9, Number 5

AHI's Believe It Or Not
There's nothing like a can-do attitude, except when you're forced to have one. The mayor of a Siberian oil town has ordered his bureaucrats to stop using the expressions "I don't know" and "I can't." As a reminder of what not to say, these phrases, along with 25 other banned expressions, hang on a wall near the mayor's office. Some of the other do-not-say phrases are: "What can we do?"; "It's not my job"; "It's impossible"; "I'm having lunch"; and "There is no money." Employees who suffer a slip of the tongue while in the mayor's office "will near the moment of their departure," said an official statement.

IN THIS ISSUE:

1. Feature Story: Many Employers Growing Less Generous In Offering Time Off

2. Cathie's Corner: Can You Take Back A Termination Decision?

3. Clearing The Air Over Heavy Personal Fragrances
In The Workplace


4. HR Soapbox: The Workplace Contains The Biggest Threats To Your Health

 

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1. FEATURE STORY:
MANY EMPLOYERS GROWING LESS GENEROUS IN OFFERING TIME OFF

Is less better or is more merrier? Seems many employers are choosing the former when it comes to the amount of time off they offer to new hires.

According to AHI's 2007 Survey Of Traditional Time Off And PTO Program Practices, over the last three years, employers have become less generous with the amount of time off they're granting employees, especially new hires. Doesn't matter whether employers use a paid time off (PTO) program, which tracks sick, personal, and vacation leave collectively and deducts time from one combined time-off bank, or a Traditional program, which tracks sick, personal, and vacation leave independently and deducts time from distinct banks.

In 2005 and 2006, most PTO responders tagged 11-15 days as the number of days granted to new employees (i.e., those without a full year of service completed). The top response dropped to five or fewer days in 2007.

Employers using a Traditional program started to grow less generous back in 2006, when the top amount of vacation days offered to new hires dropped to five or fewer days from 6-10 days in 2005; five or fewer days remained the top response in 2007.

So why the change of time-off heart? One possible reason employers might decide to reduce the amount of PTO or vacation time for new hires is the nomadic job-searching nature of younger employees. According to a survey by the Segmentation Company, a division of the marketing consultant Yankelovich, 65% of 24- to 35-year-olds prefer to "look for a job in the place that I would like to live," rather than "look for the best job I can find, the place where I live is secondary." The survey postulates that living in the city of their dreams increases the likelihood of younger workers job-hopping to get there.

While there is nothing you can do about the attractiveness of the city in which your organization is located, you can try to hang on to new hires by ensuring that your organization is competitive in the number of days off given to employees.

For example, AHI's survey found that after completing five years of service, the top PTO day range was 16-20 days, while the top vacation day range was 11-15 days. Gain a retention edge by either exceeding those day ranges or making sure your organization is on the high-end of those ranges. To find out how your organization stacks up against companies in the same industry or of the same size when it comes to giving time off, click here to get highlights of AHI's 2007 Survey Of Traditional Time Off And PTO Program Practices ...free.

PTO Cover2007 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 1,500 organizations responded to paid time off questions like:

  • How much paid time off is given for vacations, holidays, sick leave, personal time, etc., by companies that use traditional leave programs?
  • How much paid time off is given for vacations, holidays, sick leave, personal time, etc., by companies that use PTO banks?
  • Can implementing a PTO leave bank reduce absenteeism?
  • Can employees borrow, carry over, cash out...how much and when?
  • Is unused vacation/PTO paid upon termination?
  • 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 2007 survey results compare to those of 2006? 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 2007 Survey Of Traditional Time Off And PTO Program Practices today!

2. CATHIE'S CORNER:
CAN YOU TAKE BACK A TERMINATION DECISION?

You can. But you shouldn't.

You should never, ever tell employees that they will be terminated if you are not prepared to follow through. By threatening termination and backing down, you are teaching them that there are no repercussions other than maybe another lecture or a piece of paper in their file, and they can continue to follow their own path as long as they like. So if you're not prepared to actually terminate, don't tell employees that they will be.

Let's say you have employees who have a problem with attendance. Let's also say, for the sake of simplicity, that the absences and tardies are not protected by law (e.g., Family and Medical Leave Act, Americans with Disabilities Act).

You've talked to the employees and you've told them that their attendance is not satisfactory. You've documented their file and they are on official notice that if they are again tardy/absent/a no show, their employment will be terminated.

Then, they're tardy/absent/a no show again.

But your circumstances have changed and firing them will create staffing problems. Depending on the employee, you might feel comfortable with saying, "You were told that the next time you were [absent/tardy/a no show], you would be terminated. Because of the [RIF/change in reporting structure/Mary's quitting/whatever the reason for the changed circumstance], you're being given one more chance. But make no mistake, the next time it happens you are terminated, even if it happens tomorrow." If you say this, though, you must follow through with it, even if it does happen tomorrow, or else you will lose all credibility.

However, unless the employee's position will be extremely difficult to fill, I would recommend going ahead with the termination and looking at other options. Are there employees who would be willing or able to work additional hours? Can you contact a temporary agency to supply you with workers while you look for replacements? Can you call previous applicants whose résumés you still have on file?

(Note: If you have a constant problem with turnover due to attendance-related terminations, your problem may be in your original hiring process. You might want to take a closer look at your hiring requirements.)

The bottom line is, if you are not prepared to terminate, do not tell an employee that their job is on the line.

Catherine Bannon is the President of HR by Request, Inc., in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting firm.

3.

CLEARING THE AIR OVER HEAVY PERSONAL FRAGRANCES IN THE WORKPLACE

When an employee has an extreme sensitivity to fragrances, resolving the issue is made more difficult by the fact that, in order to help him/her, you must typically ask for other staff members' cooperation...View the full story on our website.

4.
HR SOAPBOX: THE WORKPLACE CONTAINS THE BIGGEST THREATS TO YOUR HEALTH

Kick back, relax, and take a few minutes to check out the HR Soapbox, "The Workplace Contains The Biggest Threats To Your Health," in which an editor is inspired by Stephen Colbert's "ThreatDown" to warn you about hidden health hazards in the workplace.

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.

5.Complete Personnel Documentation Library

HR Personnel Forms & Documents 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.
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