Do You Know Which Absences Are Federally Protected?

Posted on

December 26th, 2017

fmla Managing employee absenteeism is one of the greatest challenges facing employers. Employees miss work due to illness, vacations, and a variety of other factors, which is why most employers offer several types of paid and unpaid leave. However, a few absences for legitimate reasons are not employers’ main attendance concern. It is when employees begin to abuse their sick leave or paid time off that employers need to step in and address the issue. Even so, employers need to make sure they do not take disciplinary action against employees taking time off for reasons protected by federal and state law.

Family and Medical Leave Act (FMLA)

FMLA protects employees when they have to take leave due to major life events. However, the employee must provide written notice that he or she will be absent as well as provide proof that their absence qualifies under FMLA (e.g. a doctor’s note). Some examples of life situations covered by FMLA include:

Giving birth and caring for a child during the child’s first year of life
Adopting and caring for a child for the first year
Caring for a spouse, child, or parent with a serious health issue
Taking time off due to a serious health issue
Emergencies relating to a spouse, child, or parent due to the military

American with Disabilities Act (ADA)

Businesses that employ individuals with disabilities have to put accommodations in place to ensure that employee can do his or her job without undue hardship. If an employer neglects to implement reasonable accommodations, that employee may not be able complete his or her job properly, resulting in absences. Employers need to discover the root cause of the absences before taking disciplinary action as the absences may fall under the ADA.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

This act protects military members’ jobs after returning from military service. Some periods of service are short, such as mandatory drill periods for individuals in the reserves. However, some service periods are months long and arise with little notice, such as when a reserve unit activates and deploys. In both of these instances, employers cannot take disciplinary action against the affected employee.

Title VII of the Civil Rights Act of 1964

This act protects employees from discrimination based on their race, sex, color, national origin, and religion. Similar to the ADA, employers should investigate employee absences to determine their cause before disciplining the employee. For example, the employee may be absent due to a religious holiday, which Title VII protects.
In addition to federal laws, many states have laws protecting a variety of absences as well. Some of the most common are workers’ compensation and jury duty laws. Managing absenteeism is a challenging job but investing in absence reporting technology can help. To learn more about how absence reporting programs can help employers improve employee attendance while remaining compliant with federal and state laws, contact Actec today.

Is Your Attendance Policy Discriminatory?

Posted on

November 9th, 2017

Andrew

shutterstock_252811903 - Copy Employers should be aware that federal law protects certain absences such as those covered by the Family Medical Leave Act (FMLA). When designing an attendance policy, employers have to take pains to ensure they do not accidentally penalize employers for these kinds of absences. A common reason individuals take leave under FMLA is after the birth of a child. However, even if an attendance policy accounts for this situation, it is not always free of discrimination.

Estée Lauder in Hot Water Over Discriminatory Attendance Policy

Maternity leave is not a new concept, and the related absences fall squarely under FMLA. FMLA requires businesses to allow employees to take up to 12 weeks of unpaid leave after the birth of a child. Some companies take this a step further and offer paid leave. Estée Lauder is one such company, but their attendance policy has landed them in court.
The U.S. Equal Employment Opportunity Commission (EEOC) is suing the cosmetics giant for offering men less paid parental leave than they do for women. The crux of the suit centers on sex discrimination. Estée Lauder offers women six weeks of paid leave to bond with their new baby while only offering men two. In addition, Estée Lauder offers new mothers flexible return-to-work options after the six-week period ends but does not provide such benefit to new fathers. The Equal Pay Act of 1963 prohibits discrimination in pay or benefits based on sex. If the company offers women paid leave, they must offer men the same amount of paid leave as well. Unfortunately, Estée Lauder’s parental leave program does not comply with the law.

Review Attendance Policies Often

Estée Lauder’s lawsuit should serve as a cautionary tale for other businesses. Companies should review their attendance policies periodically to ensure they are not discriminatory. Actec can help businesses review their absence management policies and implement absence reporting programs free from discrimination. To learn more about the fine points of absence management, contact us.

Finding Fault with No-Fault Attendance Policies

Posted on

October 11th, 2017

Andrew

shutterstock_227384539 - Copy No-fault attendance policies are a popular method of absence management. Employers assign points to various attendance infractions: half a point for tardiness, half a point for leaving work early, and a whole point for absences. Once an employee reaches a certain number of points, the employer can discipline or fire the employee without investigating the reasons behind the attendance infringements. However, such uncompromising policies can backfire and create headaches for employers.

Discrimination Issues Regarding No-Fault Policies

The biggest issue facing no-fault policies is point implementation. The Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) protect absences related to serious health conditions. If a manager is unfamiliar with these acts, he or she may assign points to an employee by mistake. If a company then terminates that employee, the company is open to a discrimination lawsuit.
This exact scenario ended poorly for Verizon. The Equal Employment Opportunity Commission (EEOC) launched a national class action lawsuit against Verizon for violating the ADA. Verizon failed to provide reasonable accommodations as laid out by the ADA and terminated a disabled employee based on their no-fault policy. Verizon settled for $20 million.

Avoiding No-Fault Pitfalls

The best way to avoid discrimination lawsuits related to no-fault policies is to shift point assessment from supervisors to Human Resources (HR). HR employees receive training regarding FMLA and ADA so they know which absences cannot receive points. Employers should also include a caveat in their handbook detailing that employees will not receive points for FMLA or ADA-protected absences.
Actec understands the intricacies of managing employee attendance. That is why we strive to help employers simplify absence reporting and management. To learn more about tracking and reducing employee absences, contact us today.

Encouraging Employee Attendance with Positive Incentives

Posted on

September 26th, 2017

Andrew

shutterstock_174875483 Implementing an attendance policy and establishing repercussions for absenteeism are an essential part of running a company. However, sometimes a little positive reinforcement is necessary. If employees are unmotivated and disengaged, there are several tactics employers can take to improve the office mood.

Understanding Employee Discontent

Knowing employees are unhappy is not enough. Managers and employers need to try to understand the why. A simple way to gauge this is to conduct exit interviews. Staff members who quit did so for a reason and they may be able to provide insight. Sometimes their reasons are personal or are an issue that employers cannot fix. However, if their explanation is a solvable problem, employers should act on it right away before it causes additional staff shortages.
Employers also need to help their staff find purpose in their work. If an employee feels underappreciated or cannot see how their job affects the big picture, they will lack the motivation to come to work and perform at their best. Employers should emphasize how every staff member’s work is a vital part of the business to help them see the point of coming to work each day.

Focus on Employee Wellness

Some sick absences are unavoidable. However, encouraging healthy habits can bolster immune systems and reduce the number of sick days employees take throughout the year. For example, employers can implement a raffle program where every employee who works out four days or more per week can enter their name into a drawing. Each quarter, employers can draw one name to earn a prize. Prizes can be gift certificates to local restaurants, movie tickets, and so on.

Constructive Discussions

Trying to control or restrict time off from work can backfire. Employees may feel their boss is micromanaging them, which damages morale. Instead, employers should try to find solutions to help employees take time off when they need to. Two popular examples include offering flex schedules or the option to work from home.
Employee attendance is vital to a successful business. Employers who take steps to improve attendance through positive reinforcement may see better engagement and morale as a result as well. For more ideas on reducing absenteeism, contact the experts at Actec.

Leveraging Past Absence Data to Project Future Staffing and Reporting Needs

Posted on

August 28th, 2017

Andrew

On any given day as much as 10% of your workforce may be absent. Chances are, you have the historical data available to leverage your company’s productivity. Much of that data, however may be stored and tracked in different areas in order to adhere to reporting and compliance regulations. Without a method of consolidating this data, your company can’t turn this information into an effective absence management strategy.
Many companies have FMLA spreadsheets, methods of hourly time tracking, and vacation databases. This data can help you to find current gaps in your absence management plan and create actionable information that will make your company more productive. Finding a method to consolidate historical data will help you to:

Understand the leading types of absences
Average duration of each absence type
Determine if there are specific site or division challenges
Create projections for occupational classes/employee segments for business units
Know when employees have exhausted their leave entitlement
Approve, deny or close employee benefit claims
Know your company’s ROI for specific absence management procedure enhancements

Reporting and compliance complexities often hinder a company’s efforts to create an effective absence management strategy. While some absence information may need to be tracked separately as a part of compliance, the company can still leverage this historical data in order to determine future trends.
Data management is an essential part of effective absence management. It will also help you determine what absence management tools your company needs to make your organization more productive. There are many Human Resource Information System, Disability and Workers Compensation vendors that can help your company consolidate your historical absence data so that you can turn it into actionable information.
Contact the experts at Actec to learn more about our proprietary software that will help you in your goal to create an effective absence management solution.

How to Improve Productivity in the Workplace

Posted on

August 18th, 2017

Andrew

shutterstock_252811903 - Copy Absence management encompasses all facets of attendance, including tardiness, frequent or lengthy breaks, and more. These all affect workplace productivity, which has a direct effect on a business’ bottom line. By resolving productivity issues, employers can reduce the related attendance concerns.

Recruit the Right Candidates

If an employer notices continual attendance issues and high turnover rates, the problem may be with whom they are recruiting. Hiring a driven and productive individual from the outset will yield greater results than trying to mold an apathetic individual into a model employee. One way to achieve this is to broaden expectations of what the ideal candidate looks like. For example, older workers or individuals returning to the workplace after a lapse in employment may fit the bill better than traditional entry-level applicants.

Take a Hard Look at Management

If a business has motivated employees, but still experiences problems with productivity, it may be time to examine the management team and their employee relationships. Promoting from within can reinforce a culture of investment in the workplace and a feeling of mutual success. But if a company promotes an individual above their skill level, they may not possess the qualities needed to manage their staff effectively. This often happens when a business promotes talented individuals to a management role because they were good at their previous job. Excelling in a role does not equate to excelling at managing that role. New managers need help navigating their new position. Businesses can avoid this pitfall by investing in developing their management team through both internal and external resources, and by placing a higher-than-usual value on interpersonal skills.

Use Honest Job Descriptions

Employees who abuse their sick leave, take excessive breaks, or arrive late on a regular basis are likely unhappy with their job. Employees who dislike their position will start to look for new employment opportunities. High turnover rates are disruptive, kill productivity, and can impede customer satisfaction. To help reduce new employee turnover rates, companies should be honest in their job descriptions and their representation of the workplace. Recruiting individuals who are unaware of the downsides of their position will feel disappointed when they begin their job. While no company wants to highlight a position’s shortcomings, they can counterbalance the problems by highlighting the benefits.
If your organization has positions or a workplace that don’t have much going for them, it’s time to consider investments in infrastructure, reorganizing employee roles, and creative adjustments to total compensation to make employee recruitment, onboarding, and retention significantly more effective. Addressing employee morale and attendance issues can improve workplace productivity and lead to greater profitability. Actec understands managing attendance can be a daunting task. To learn more about implementing an absence reporting program to improve employee attendance, contact us today.

Top 5 Job Related Conditions Affecting Employee Attendance, Engagement, and Retention

Posted on

August 2nd, 2017

Andrew

main_top_bg While come causes for absences are legitimate and unavoidable, many others have nothing to do with sickness, injury, or loss. These are job related conditions, and if they aren’t analyzed and controlled they can significantly undermine your bottom line and your company’s reputation.
Job Related Conditions for Frequent Absences
Job-related conditions include more than just an accident at work or George coming in with a head cold and spreading it through the sales department. The work environment and level of employee engagement can also determine how often your employees call in sick. These conditions include:

Stress and burnout
Bullying/harassment
Low Morale
Poorly Defined Leave Policies
Lack of communication, vision, and direction for individual employees and the organization as a whole

These conditions are preventable and if they go unchecked your company can gain the reputation of being a bad place to work.
A Bad Place to Work
Workplace toxicity and malaise impact both turnover and recruitment efforts, in addition to employee attendance and performance. These factors all affect product quality and perpetuate a downward spiral of disintegrating workplace morale. From adaptability and ingenuity to market capitalization and corporate reputation, failing to target these issues is a mistake no company can afford.
Employee Engagement
Increasing employee engagement, encouraging workers to use their vacation time to prevent burnout and instituting a zero tolerance for harassment will improve company morale and attendance rate. Earning a reputation for being a company that cares will also help your organization recruit the top candidates in your industry and improve company efficiency.
Absence Reporting & Analytics
Tracking employee absences is crucial to understanding and repairing absence trends and challenges in your organization. Contact the experts at Actec to learn more about improve absence reporting and analytics through customized offsite solutions.

Top Five Tips for Managing Summertime Absenteeism

Posted on

July 26th, 2017

Andrew

shutterstock_174875483 Absenteeism is an issue that employers must deal with all year round. However, absenteeism tends to increase during certain times of the year such as holidays and during the summer. The reasons for attendance issues during the summer are numerous.
Employees struggling with asthma may experience greater respiratory distress during the summer months and have to take time off from work as a result. Employees with children may have to take time off if their childcare plans fall through. The warm weather and sunny days also act as a lure. The sunshine may tempt some employees to take a long weekend or call in sick even if they are in perfect health.
If employers notice an increase in summer absences, they may be at a loss for how to handle the issue. Below are several suggestions to help combat summertime absenteeism.
1. Employees who are uncomfortable in the office will lack motivation to come to work. Employers should make sure that working conditions are excellent by checking the air conditioning, lighting, and so on. Keeping employees comfortable in the workplace goes a long way toward improving attendance.
2. Employees take summer vacations—this is nothing new. In fact, management should encourage employees to take vacations to help avoid burnout. However, employers should also keep the remaining staff in mind when approving leave. Other employees have to take on their absent coworker’s workload. Employers should encourage staff members to prioritize their work. The less important tasks can wait until their coworker returns.
3. Turn absence management over to managers and supervisors. Because these individuals work closely with their teams, they will notice attendance problems sooner than an employer will. This allows employers to address absenteeism when it first begins rather than letting it get out of hand.
4. Consider flexible work options. Allowing employees to adjust their work hours or to work from home a certain number of days per week can help them maintain their work-life balance during the summer months. For example, allowing an employee to start and end their workday an hour earlier may give them the time they need to pick their child up from their care provider.
5. Implement a rewards program. Negative consequences and disciplinary actions can only go so far toward improving attendance. Positive reinforcement provides a much greater incentive. For example, employees with perfect attendance for the month can enter their name into a prize drawing. Some prize examples include a gift card for dinner for two at a local restaurant, a day at the spa, or movie tickets.
Actec understands employers need effective solutions for absenteeism. To discuss implementing absence management solutions that work, contact us today.

Do You Know Why Your Employees Are Absent?

Posted on

June 20th, 2017

Andrew

shutterstock_306793247 - Copy Handling employee attendance is one of the more difficult parts of managing a company. Some absences are legitimate while others are inappropriate; it is a delicate process determining which is the case. Managers cannot begin to handle absence issues without understanding why employees call out of work in the first place. Once a manager has a grasp of why employees are struggling with attendance, they can develop a plan to resolve the issue.

Common Causes of Absenteeism

Employees take paid time off (PTO) for a number of reasons—some more legitimate than others. Some of these reasons include:

Illness or injury: Being sick or going to doctor appointments are the most common reasons employees give for missing work. This type of absence is most prolific during cold and flu season. Injuries that occur on or off the clock also sideline employees. These injuries can be acute or chronic.
Caring for others: Another common cause of employee absence is the need to care for a child or elder when other sources of care are unavailable. For example, a parent may call out of work when their child cannot attend school due to a snow day.
Borrowing time: Sometimes attendance issues are not related to absences. Employees who skim time off their workday can cause just as many productivity problems as those who miss the entire workday. Patterns employers should look for are employees who arrive late, leave early, or take lengthy breaks.
Morale and motivation: Employees that are overworked or feel unappreciated have little motivation to come to work. In fact, the stress of the workplace can drive them to avoid the environment entirely. Once an employee loses their enthusiasm for their job, they are more prone to call out of work.
Harassment: If an employee feels like a coworker or boss is bullying them, they may call out to avoid the individual.

The costs related to absenteeism and the related loss in productivity add up quickly. Some of the direct costs include lost wages paid to the absent employee, the wages paid to other employees working overtime to cover the extra work, and administrative expenses spent on managing attendance issues.

What Employers Can do to Reduce Absenteeism

There are a number of approaches employers can take to reduce absenteeism. Some of these include:

Require a written doctor’s note for employees who call out sick.
Offer paid sick leave in addition to paid vacation days. This will help reduce the number of employees who come into work when ill to avoid burning through their leave. This stops sick staff members from spreading their germs. The end result is fewer sick employees overall.
Implement a health and wellness program to address employees’ physical, mental, and economic health.

Employers also need a high quality absence reporting program to track attendance and simplify the leave process for both human resources and employees. Investing in Actec’s absence reporting solutions can help managers improve productivity and combat absenteeism. Contact us to learn more.

Challenges Employers Face In Managing Employee Attendance

Posted on

June 13th, 2017

Andrew

shutterstock_252811903 - Copy Employers expect their employees to use their leave when necessary. For example, if an employee is ill, they should use their sick leave. Failing to do so can prolong illness and affect other employees. Employees should also use their leave to maintain a proper work/life balance and to address personal needs. Employees who never take leave often suffer a loss in productivity as a result.
However, employees who abuse their leave present a host of other problems. Employers may have an absenteeism issue if they notice any of the following:

Employees arriving late or leaving early
Employees taking prolonged or frequent breaks
Unapproved absences
Frequent absences at the start or end of the weekend
Overuse of leave resulting in leave without pay

Absence Management Challenges

Even if an employer addresses absenteeism issue, they may continue to encounter problems. Some issues employers may face include:

Oscillating attendance. Most employees amend their attendance when employers first address the issue. However, some may return to their poor attendance habits after a short period of improvement. To combat this, employers can implement an improvement plan for habitual offenders to monitor the employee’s progress.
Shifting conduct. Another problem employers may encounter is when an employee addresses one attendance problem, but starts up a new one in its stead. For example, an employee may stop abusing their leave, but start taking excessive breaks or arrive late for work on a regular basis. Employers can avoid this by ensuring their attendance policy addresses all forms of attendance infractions.
Some employees may feel pressured to come into work even when they are sick if management updates the attendance policy or begins strict policy enforcement. Employers may encounter resistance when trying to convince an employee to take a sick day. Instead, the employer can require a doctor’s note clearing the employee to return to work or allow the employee to work from home instead.

Absence management is a delicate issue. Actec can help businesses put an absence reporting system into place to help simplify the leave process for both employees and Human Resources. Contact Actec to find out more about our custom absence management solutions.