pres·en·tee·ism – n. the practice of coming to work despite illness, injury, anxiety, etc., often resulting in reduced productivity.

Presenteeism only promises to continue as a major workplace problem in 2012, so the Global Human Resources Outsourcing (GHRO) thought we’d share some insights into the issue.

Speechly Bircham’s Employment group is a UK-based employment law practice.  In their in-depth 2012 survey of HR directors and senior HR professionals across the UK, they determined that working hour increases are linked with higher stress and staff turnover, while longer work hours and presenteeism are set for big increases in 2012.

A review of the survey can be read at The State of Human Resources blog.  Conclusions include:

• Greater business uncertainty is linked with higher stress, absence, presenteeism and workforce discontent.
• Talent shortages for 40 percent of organizations exist and are linked with longer working hours, stress and presenteeism.
• Presenteeism is now a major workforce issue, linked with more grievances.

Today’s workplace has changed from two or even one decade ago. Some of these changes have contributed to the growing incidence of presenteeism.

Causes of presenteeism

• Increase in dual-earner and “sandwich generation” households.
• Fear of note meeting Employer expectations.
• Little or no paid sick days available or accrued.

Employer Solutions

• Recognize the problem.
• Rethink the use of disciplinary action to control absenteeism.
• Develop a workplace policy on presenteeism and inform and educate employees.
• Provide Paid Sick Leave and/or Paid Time Off (PTO) to Workers.
• Make an Effort to Boost Employee Morale.
• Offer a flu vaccination program.

The image of a sick-as-a-dog employee who comes to work as being a dedicated and valued worker is no longer fitting. Presenteeism costs are a real and potentially significant drain on a company’s financial well-being. Employers need to make a concerted effort to develop a workplace with healthy and highly functioning workers. This will go a long way toward meeting goals for company productivity and profits, and fostering a healthy work culture and environment for employees.

No, it’s not the latest Patricia Cornwell novel—it’s a recent court ruling on an FMLA-related lawsuit.  The ruling held that even employees on FMLA leave are required to give proper notice and to follow their employer’s call-in policies.

In 2008, Jordan To brought suit against his former employer, U.S. Bank, for violating his rights by terminating him during FMLA leave.  After months of military leave, To failed to return to his clerk job as scheduled on August 4, 2008.  He spoke to his U.S. Bank supervisors via conference call and explained he wasn’t feeling well and needed time to recuperate.  To’s supervisors asked for a doctor’s note to return to work, which To provided.  One week later, when To failed to report for work as expected, he spoke to his supervisor and sent another doctor’s note.  A week after that, To not only failed to report for work, but did not notify anyone at U.S. Bank for four days.  On the third day, U.S. Bank sent a termination letter to To, citing job abandonment.  Upon receiving the letter, To claimed a third doctor’s note had been faxed to excuse the current absence—a note U.S. Bank did not receive and a note To could not produce.  Given the status of the missing note, U.S. Bank upheld To’s termination.  To sued.

Is this a case of wrongful termination under FMLA law?

The answer lies in U.S. Bank’s employment policies at the time of To’s absence.  As explained in the “Reporting Absences” provision of its employee handbook, U.S. Bank’s call-in policy stated that absence requests must be reported as soon as the employee becomes aware of such a need—that is, the employee provides reasonable notice.  The policy also stated that all absences must be reported by speaking directly to the employee’s supervisor, not through voicemail or e-mail.  The handbook also contained a “Job Abandonment” provision, which stated that after two consecutive days, an unreported absence would be considered voluntary job abandonment.  Both provisions specifically included FMLA absences under their umbrellas.

Giving To the benefit of the doubt, assume U.S. Bank legitimately failed to receive his faxed doctor’s note.  In that case, the note should have satisfied the “reasonable notice” requirement of U.S. Bank’s absence-reporting policy.  But note or no note, To violated the “call-in” requirement when he failed to directly notify his supervisor.  The FMLA angle of his case had no bearing, because FMLA absence requests are legally expected to follow employer policy on standard absence requests.  Clearly, To did not comply with his employer’s call-in policy.  The court thought so, too—it ruled against To and upheld his termination.

Ah, December—a busy and tumultuous time for many businesses . . . a time of holiday office parties, secret Santa exchanges, and most important to many—time off to spend with family and friends.  When December rolls around and employees are itching to clock out, does your company’s holiday pay policy look more like It’s a Wonderful Life or does it look more like How the Grinch Stole Christmas? Much of how your company shapes its policy will depend on the needs of the business (and of course, the holiday spirit!), but when it comes to legal requirements for holiday pay, this employer’s guide to common questions and answers can help.

Q: Must employees get paid time off for nationally recognized holidays?

A: No.  Federal law doesn’t require employers to provide holiday time off, paid or unpaid.

Q: What about accommodating a religious holiday?

A: In short, yes, employers must accommodate their employees’ religious practices unless the business would suffer an undue hardship.

What is reasonable accommodation?  Allowing an employee to use a floating holiday, a vacation day, or unpaid time off are all reasonable ways to accommodate religious observances.

Q: Must employees be paid for employer-provided holiday time off?

A: This answer depends on the employee’s classification.  Employers are not required to pay hourly employees for holiday time off; employees must only be paid for time they actually worked.  On the other hand, employers are required to pay salaried employees who work without regard to overtime for holiday time off if they worked any hours in the holiday week.

Q: Must paid time off be included in determining an employee’s entitlement to overtime?

A: No.  Employer-provided paid holiday hours are not required to count toward an employee’s hours worked ,for the purposes of determining overtime eligibility.  Typically, an employee must work 40 hours in a week to become eligible for overtime.  This may be overridden, however, by collective bargaining agreements.

Q: Can conditions be attached to holiday pay?

A: Yes, but those conditions should always be in writing.  As examples, an employer may prorate holiday pay for part-time employees or may require a certain amount of service time before an employee becomes eligible for holiday pay.

Q: If an employee works a holiday, must they get premium pay?

A: While a common practice (and a kind gesture) to pay a premium to employees who work holidays, it is not a legal requirement.

Q: Must the same holiday benefits be extended to all employees?

A: No, as long as any differences are not a result of potential discrimination, such as age or gender.  Employers can, for instance, grant holiday pay to full-time employees only, or to office workers instead of field workers.

Q: What happens if a holiday falls on an employee’s regular day off or on a non-business day?

A: No legal requirement governs this area; however, a popular practice is to allow employees to take another day off during that pay period.  This is typically seen when holidays like Christmas fall on a Sunday and employees are given the following Monday off.

When it comes to managing your company’s payroll services, GHRO can help!  Our seasoned professionals have years of experience in Human Resources and can help you develop the best policies for you and your employees.  For more information about how GHRO can meet your business needs, visit our website.

Our society is becoming so inundated with tasks and work-related duties that unhappiness at the office is encroaching on employee health. We all know that having happy workers limits turn-over and the higher the job satisfaction, the more likely employees are to put forth their best effort. By creating a fun and home-like working atmosphere, you’ll make work fun, enjoyable, and ease stress at the same time!

Google was voted the number one company to work for in 2007. It’s no surprise considering life at the search engine giant is very relaxed and stress free; employee benefits abound. While some companies stress time lines and attire, Google emphasizes recreating the home experience at work. Employees can do laundry, work out at the gym, receive a massage and learn a new language. Feeling a little under the weather? Visit Google’s on-site doctor. Buying a hybrid? Google will give you $5,000 towards the purchase price. Expecting a child? They’ll reimburse you up to $500 in take-out food. If you ask any employee what they do at Google they’ll typically respond a personal embodiment of the company’s mission statement- “to organize the world’s information and make it universally accessible and useful.” This kind of motivation by employees is rarely seen, but envied by most.

Google’s goal, as often recited by employees, is ambitious (to say the least). Thankfully, Google just happened to find the right people to take it on. By creating a comfortable work environment, employees are not burdened with stress. Instead, employees are motivated to collectively achieve a similar goal; indexing information and making it useful. Google wouldn’t be the tech giant it is today without its bevy of happy employees. The appeal of a work environment that mimics their homes stimulates productivity and increases employee moral, making Google one of the most sought-after employers in the world.

Even if you don’t have the resources of a Silicon Valley titan, you can easily follow Google’s ideology, making your employees happy too. The first step may just be rethinking how you see your company. Simply making the mission statement more accessible and personal will help employees insert more of themselves in to their work and ease stress levels. Extend the home experience to work and rethink the office; would you want to live in it? If you wouldn’t mind spending an evening or weekend at the office because it’s hospitable and welcoming, you’re on the right track. Make the office a place your employees love to be, rather than the place they dread to go.

Employees need to come first in a company, as they are the heart and soul of your business. Creating a comfortable work environment that mimics a home eases stress, raises morale and increases productivity. Even simple changes can greatly affect employee health and happiness in a positive way, which will certainly lead to long-term growth for your business.