Archive for February, 2012

Solving the Problem by Accepting the Problem

February 27, 2012

Generally speaking, all problems have solutions. The first step to solving any problem lies in identifying the source of the problem. There are always external forces that cause problems, but more often than not the source of the problem, or a large percentage of it, lies on the shoulders of the individual. Let’s take, for example, the person who’s always late.  When addressing the repetitive tardiness with the individual, it’s almost always someone else’s fault:

“There was an Accident.”… “I hit every Red Light on the way in.”…“My dog got out”… “My alarm didn’t go off”…

When these excuses are consistently coming from the same individual, it’s usually a good sign that the source of the problem is the individual, not all these external factors. A solution, however, can only be found when the individual accepts the fact that the problem is indeed their own.

As a manager, you are tasked with helping employees identify their problem(s) and then suggest ways to correct it. The first step in the Progressive Discipline process is informal counseling, often referred to as a “verbal warning.” You should then require the employee to create an accountability action plan, outlining the steps they will take to resolve the issue. It is highly critical that both the verbal warning and the accountability action plan be documented and signed by the manager and employee. This accomplishes multiple goals.

  1. It verifies the employee was made aware of the problem.
  2. It creates a record of the employee’s commitment to improve and correct the problem.
  3. It allows the employee to have input into resolving the issue. This is a very powerful aspect of this process.  People respond much better when empowered to problem solve on their own rather than implementing the suggestions of another. It also helps avoid the situation where employees feel a manager who “does not understand” is victimizing them.
  4. It creates a paper trail.  By recording both the warning and the action plan you ensure you have the documentation should you ever need it.

It’s also VERY IMPORTANT to always have a witness in the office when you counsel an employee – ALWAYS. As a company this protects you from the “Your Word vs. Their Word” scenario.

If an employee refuses to sign their write up, inform them that you are only asking them to acknowledge the meeting/conversation took place. You can also inform them of their right to create and attach a rebuttal at any time.

If an employee ever refuses to write an accountability action plan, inform them that as their manager you have the right to assign any task as long as it is not illegal, unethical or immoral.  Refusing to write an accountability plan is refusing to do their job, and refusing to do their job is grounds for termination.

This initial step in the Progressive Discipline Process can be easily repeated if the problem escalates. Should you need to move from a verbal warning, to a formal write up, or suspension, simply document the counseling session, and then have the employee create and document an action accountability plan.

If you’d like more information on progressive discipline, check out our “Progressive Discipline and Avoiding Wrongful Termination” training located on www.hrfix.com and www.hrfixondemand.com. You can also view a snippet of our online training video below:

The “FMLA Bank” – a Creative Alternative to ‘Use It of Lose It’ PTO Policies

February 1, 2012

Some of the most frequent calls we receive on the HRFix management hotline are about accrued vacation or PTO time.  These questions include payment of accrued but unused vacation at the time of termination, buying back unused vacation or PTO time, or the implications of a “use it or lose it” policy.

Vacation and PTO time are a fringe benefit under federal law and employers are simply required to adhere to their own policy in most cases.  However, some state laws are much more favorable to the employee and treat these benefits as “wages”.  In these states, PTO must be paid at time of termination and cannot be forfeited if not used during the qualifying anniversary or fiscal year.

In working with thousands of employees over the past decade, we have learned that a large number of employees take every day off they can, be it sick pay, vacation time, PTO, personal days, etc..  There are also employees who never miss work.  These employees actually feel stressed when away from work, even for vacation.  Some label this group workaholics; others consider them dedicated employees.  Whatever the label, the never-miss personalities are the employees who lose vacation or PTO time on a regular basis.  How do employers ensure the never-miss employees are not punished for not using all of their PTO?

The FMLA Bank

A creative solution that works for several of our clients is what we refer to as an “FMLA Bank” policy.  Our title may be confusing, because this policy is not just for companies whose employees qualify for protection under Family and Medical Leave Act (FMLA) and can be used by companies of any size. The way it works is simple: employers allow employees to “bank” their unused time off which can be used later for major events, with certain qualifications.  Employers can limit the amount of “banked” time to two weeks, six weeks or twelve weeks.

Administration

The reason we call this the FMLA bank is because the banked time is not saved for vacation, but for those situations that would normally qualify for (unpaid) FMLA leave.  Situations such as pregnancy, serious illness, deployment of a service member, and other causes which are clearly spelled out in the FMLA. Managers can then use the FMLA as a guide to determine if an employees situation qualifies for the use of ‘banked’ time off.

Benefit to Employee and Employer

With the FMLA bank system, a company can provide financial help to dedicated employees in a non-discriminatory manner, because those employees are more likely to have accrued time in this system.  The benefit for the employee is obvious, it gives them some peace of mind knowing they’re still collecting a paycheck at a time of need, rather than having to rely solely on unpaid FMLA leave.

Sharing Programs

To really impact workforce unity, companies can allow their employees to donate saved time to other employees who have an emergency.  This is done purely on a volunteer basis and can ONLY be requested by the employee who wishes to donate his or her time.  We recently saw a company come together to support a fellow employee stricken with Parkinson’s disease.  This became a rallying cry of sorts for the company and the employees who donated their time which had a lasting effect on morale and culture.

If you would like to review this policy and forms for your company, please give us a call and we will provide an electronic copy for you to review.


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