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Rita in HR is actually two HR attorneys in one: Ellen Aldridge and Pamela Fyfe, both of the Nonprofits Insurance Alliance Group. They advise nonprofits on wrongful termination, wage & hour, discrimination, harassment, and other employment issues—before they are sued—to help keep them out of court.I Have a Bad Boss -- Help!
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This issue's Ask Rita in HR column responds to two reader questions about different types of bad bosses. Don't forget that archived Ask Rita topics can be found by clicking on the Ask Rita box in the right side of the magazine under "Our Columns."
Dear Rita: My boss shows favoritism to a single employee, and it's creating a bad atmosphere. She buys this person expensive presents, allows her far more flexibility in her hours than other people, and always points to this person as an example that we should follow. I love my job, but this is beginning to get to be a real problem. Signed, Resentful
Dear Rita: I love my job! It's the job of my dreams. But there's one problem: my boss . . .
> Read moreA 7-Point Checklist for Responding to a Request for Family or Medical Leave
Here are the basics for how a nonprofit should handle an employee's request to take Family and Medical Leave Act (FMLA) leave. For more, be sure to see Wading through New Family and Medical Leave Act Regulations.
The employer must send the employee an eligibility notice within five business days of request for FMLA leave.
1. The employer must determine if an employee is eligible for FMLA leave (12-month/1250 hour requirement).
2. The employer should decide if it has enough information to certify that the employee has a serious medical condition or if she or he will require medical certification. A request for medical certification should be included in the eligibility notice, with a return date of 15 business days.
The employer must send the employee a designation notice, within five business days of determining eligibility.
3. The employer can designate the leave as qualifying under the FMLA, contingent upon receipt of the medical certification.
4. Once the employer receives medical certification, limited management personnel can directly contact the practitioner to resolve all ambiguities and inconsistencies in the certification.
5. If there is disagreement between the employer and the employee as to whether the leave qualifies under the FMLA, the two parties must sit down and attempt to agree on the situation, with a written record of discussion.
6 The employer should designate what time is considered FMLA leave.
7. The employer should let the employee know if it is requiring a fitness-for-duty certification before the employee returns to work and include a list of the employee's essential job duties in the FMLA designation notice to give to the medical practitioner.
Wading through the New Family and Medical Leave Act Regulations
New year, new forms to fill out! Though we love that employees can have some flexibility when serious medical and family issues arise, administering the Family and Medical Leave Act (FMLA) can be challenging. Mercifully, Ask Rita offers some guidance on the technicalities of recent changes to the law.
Dear Rita: Just when I thought I had my head wrapped around the intricacies of the leave and health benefit laws, they changed: the FMLA, ADA and COBRA regulations were all revised and rewritten this year. Of course, these revisions come at a time when we are in dire financial straits, facing layoffs, and certainly don't want the added risk of violating FMLA regulations. Can you outline the basic FMLA changes? - Head is Spinning
Dear Spinning:
> Read moreDownsizing from Employees to Independent Contractors?
Q: Our nonprofit group home has to downsize and as part of our reorganization we are considering changing some of our employees into independent contractors as a cost-saving measure. If we did that, we wouldn't have to pay for benefits and we'd have more flexibility - we could match our personnel to our workload. What is the potential downside to making that change?
A: It is possible to transition an employee to a contactor if the worker truly meets the legal tests for independent contractor status. What you need to watch out for is the
possibility of a payroll tax audit or the potential for various
benefit-related . . .
Nonprofit Layoffs and Furloughs: Do Them Right
Dear Rita: It looks like we're going to have to lay some people off in the next couple of months. But the management team is also considering furloughs, a week's shutdown, and other choices. The decision about what to do won't be made by us in HR. But we will need to carry out the unpleasant acts. How can we do these legally and nicely? --Dreading It All
Dear Dreading It All: My sympathies are with you and although it probably won’t help you feel better, many community nonprofits are in the same boat. And your attention to the HOW is important: how people are laid off (or hear about pay cuts, etc.) makes a big difference in how the departing staff feel and how the remaining staff can move forward in a positive way. Each group has to assess what works best on their own particular boat, but here are some things to think about:
> Read moreSample Layoff Letter
It's a good idea to seek advice from a professional due to the varying nature of the layoff situations. If you are considering laying off an employee who is on a protected leave, be sure to consult a labor law professional. This is a sample letter which could be used if a Worker Adjustment and Retraining Notification (WARN) notice is not required; generally WARN applies to layoffs of 1/3 or more of the staff or 50 employees at one time. If you have a union contract, be sure to check its provisions for layoffs.
Date:____________________________
To:______________________________
Due to reductions of funding (or other situation) our organization finds it necessary to eliminate various jobs. Unfortunately, your position is affected by this reduction in force. Your last day of employment will be ___________.
1. If applicable, your medical benefits will be paid through ______________ and you will receive a COBRA notice addressing the continuation of those benefits.
2. If applicable, you should request reimbursement for all eligible organizational expenses as soon as possible, in order to expedite reimbursement for those expenses.
3. For unemployment insurance benefits, you can contact the state department for unemployment insurance.
4. Your final check includes payout for accrued but unused vacation. [Note: check to see if either state law or your personnel handbook requires payment of accrued leave benefits at the time of layoff. If it does not, you can issue the accrued benefit check a week later, for example, but specify the timing in this letter.]
5. [If severance pay will be given to the employee:] With your final check you will receive a Release and Severance Agreement. When you return this signed to the HR Department, you will receive a check for severance pay of $_____.
We are sorry that this reduction in force is necessary. This layoff is (permanent/temporary until ________). We will be talking to each employee individually. Please don't hesitate to contact _______ if you have questions.
See also:
An Alcohol Problem Holds the Bookkeeping Hostage
Dear Rita: Most of the 11 employees in the rural education nonprofit I direct work out of the office. We hardly see each other, so after our quarterly staff meetings, we usually get together for a glass of wine or dinner. After our last meeting our bookkeeper, "Alice," got obviously drunk. Then a few weeks later, I went into the office unexpectedly and she made a quick excuse to leave. I think - but don't know for sure - that she was drunk. Also, in the past few months Alice has missed a few deadlines. Once, she didn't make the tax deposit! What can I do?
Sobered Supervisor
A Drug and Alcohol Free Workplace Policy for Nonprofits
While there is no one model drug and alcohol free workplace program that is right for all workplaces, there are standard elements of such a program that should be included at your agency. Effective programs typically contain the following elements:
- a written policy in the employee handbook
- supervisor training on the policy and in alcohol and drug use detection
- employee education and awareness of the policy
- employee assistance to provide help to those seeking treatment
Remember that certain employers, by law, are required to adopt specific policies
on this issue. If you have Department of Transportation-regulated commercial drivers, . . .
What Happens When the Office Coffee Comes With Politics?
Dear Rita: With the elections less than a month away, the food bank I direct will be buzzing with passionate political talk. This could create a minefield. Any suggestions? -- Minefield Watcher
Dear Minefield Watcher: Many of the people who work at community nonprofits care deeply about their communities, so it's understandable that they are passionate about elections as well. In fact, a recent study showed that 35% of bosses and 66% of coworkers
> Read moreZero Cell Phone Use While Driving Policy
Your employer should enact a "Zero Cell Phone Use While Driving" policy. Such a policy should consider the following elements:
1. Require that employees pull over at the next available safe stop to return a work call.
2. Never initiate a call while the car is moving.
3. Never look up a number or dial information while driving.
4. Ban text messaging while driving.
Such a policy should state that any employee who, on work time, talks on a cell phone while driving will be subject to discipline, regardless of whether the employee has an accident.
If you employer feels that it must maintain instant connectivity with its employees, it could provide all employees with a "hands-free" cell phone device to facilitate safe driving. But the hands-free solution may only slightly diminish the risk of an accident while driving, since focusing on the conversation, especially a stressful one, diverts attention away from driving onto the subject at hand. So if hands-free phones are furnished, in addition to items 2, 3, and 4, the policy should consider:
5. Never use the cell phone in bad weather or heavy traffic.
6. Always keep your eyes on the road, and drop the call if you need to focus on your driving.
