Michele Harmon
I have a forum to write about crucial Human Resource (HR) topics, or shall I say, people topics that may allow your organization to avoid unwanted employee legal disputes as well as provide some helpful hints for you. It is May 16, 2020, and I am writing this article for the July 2020 issue.
What can I write about that will make a difference to you in July?
How about returning to normal and making a profit because that is why you are in business. To do that, you need to bring your best workers back and return to normal as soon as possible. What does it mean to bring your best staff back? Did you see the abrupt downturn as an opportunity to get rid of your poor performers?
Do you have a layoff and recall policy? When you are choosing whom to bring back, do not discriminate with regards to any protected classes. The last thing you want is the Equal Employment Opportunity Commission (EEOC) at your door because you only brought back workers under 40. Your policy must be neutral, and your plan to return employees must be strategic and justifiable. What jobs do you need now, and what jobs does your organization no longer require to move forward? If you used longevity and performance to decide which employees to bring back, then be ready to justify your choices when there is a complaint to the EEOC or a lawsuit.
SHRM’s language in their sample policy states that employees will be recalled based on the needs of the company, classification, and ability to perform the job. Have your plans in writing. Your policy should also address how the time missed from a layoff or furlough will affect the employee’s length of service. If they missed 12 weeks, will they start over with their time off, service anniversary date, etc.? Those are big deals to your employees because it affects vacation accruals, eligibility for insurance, 401K, and many more issues.
What if you recall the employee, and they refuse to come back? Refusing to return is complicated, but, in many instances, you can tell them that with the rejection of employment, they have effectively resigned. The current unemployment laws are paying many people more money now than they made working for you. Some retailers are going to bring their full-time employees back for only 28 hours in the beginning and let the Payroll Protection Act pay workers an additional 12 hours a week to get to employees to 40 hours pay. Many employers in the service industry do not believe they will have enough business to support all their full-time employees working 40 hours per week in the beginning. At this writing, three major retailers have declared bankruptcy.
Many of us have been practicing Dave Ramsey skills for two months, and it is hard to go back to spending on clothes and travel, even if you can afford it. Our priorities have either changed or had a significant adjustment.
What about the employee who says he is afraid to return to work? Can you require him to return? The answer is, it depends. If such employees are merely scared, you, as the employer, must create a safe environment for them. I describe what you must do as OSHA on steroids. In most instances, you should require employees to return. Be consistent that the same requirements to return apply to all your employees. You may call different groups back at different times, but you can’t let your friend stay home and get paid when the guy down the street must return or lose his job. I do hope I’m making this crystal clear. No one gets special treatment. However, if the employee tells you he/she is immunocompromised, you may have a disability issue on your hands, and I hope you have an ADA policy and procedure to follow.
At each location, the EEOC will allow you to take your employees’ temperatures and test them for the virus. If you do take employees’ temperatures, then it is part of the workday and documented in time and attendance. It only takes a second to do it with the right thermometer. If you require a COVID test, then you, as the employer, must pay for it. Please do the right thing and provide your employees with masks and ask them to wear them around others. If you have been out and about for a couple of months, then you must have noticed that employees are wearing masks, gloves, and often have some form of face shields. This protection thing works both ways, but I’m not going to get preachy. If you start talking to me in the grocery store without a mask, then I’m going to back away. Your employees want to feel safe, but so do your customers.
I predict that lawsuits are coming, so do your best to protect everyone. Remember, OSHA on steroids.
If your employees or family members they care for gets sick with COVID, then there are new laws in place with regards to Family Leave. Do not forget HIPPA laws, because you can’t discuss another employee’s health condition with other employees. The proper agency will trace their contacts. One of the most significant outbreaks came from a pharmaceutical company’s annual meeting in Boston. Employees at the conference got sick, and so did many others in contact within a reasonable proximity. Conferences or large meetings face to face may not happen for months. At this writing, we are waiting for federal and state immunity protection. There is a reason why a trip to your doctor requires you to have your temperature taken upon entry, and wearing a mask is not optional.
My recurring theme in my articles is to have policies and procedures and be proactive. I would also add, be consistent in all your decisions, and keep excellent records. Last, don’t forget that your employees are as afraid as you are of the current economic conditions.
Your employees are members of your team, and, as Roger Staubach said, in any team sport, the best teams have consistency and chemistry.
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“Your employees are the heart of your organization.” Dr. Michele Harmon is a Human Resource professional, supporting clients in Texas and New Mexico that range in size from five to more than 3,000 employees. Email: micheleharmon1@gmail.com