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.

According to a CNN report, Americans working in a claustrophobia-inducing cubicle have one more thing to complain about: shrinking cubicle size.

The average worker’s office space has dwindled 15 square feet since 1994, down to a cozy 75 square feet in 2010.  And it’s not just the everyday workers who are feeling the squeeze—senior workers’ office space shrunk 19 feet over the same period.  Everyone but executive management, who enjoyed an increase in office space, has to do more work with less space.

Or are they?

What popularized the cubicle in the 1960s was its functional, modular office space without the construction required to build walled offices.  In the past, cubicle size has had to accommodate the latest office technology, such as bulky telephones, typewriters, and desktop computers.  Today, that technology is slender and sleek, such as flat-screen monitors, laptops, iPads, and Blackberries—and more important, that technology is mobile.

Mobile technology replaces the need for workers to be chained to their desks.  Instead, workers can telecommute or work from different places in the office, as in the open-space seating model found at companies such as Facebook and Intel.  This open-space model is becoming more popular thanks to its team-oriented setup and efficient use of work space.  Due to meetings, travel, shifts, or personal leave, not all work space is required at all times, so it makes sense to have fewer and unassigned work stations.

While some employees appreciate this modern, flexible approach to office space, other employees reject the approach’s irregularity, close quarters, and lack of privacy.  Since employees spend half their days at work, it’s important their office environment works for them to foster comfort and productivity.  But just as office spaces come in all shapes and sizes, so do employees, so not every model will suit every employee’s personality or work style.

Does that mean private offices are on the verge of extinction?  Not if SAS, a North Carolina business intelligence software company, is any indication.  For the last two years, the company was named Fortune magazine’s best place to work.  The kicker?  SAS gives almost all its employees private offices.

It’s Valentine’s Day and love is in the air.  If you’re in the office today, you’re likely to see coworkers receiving heart-shaped boxes of chocolates and lavish bouquets of lilies from their loved ones.  But what if such a display of affection occurs between coworkers?

Workplace relationships can pose a wealth of potential problems, from discrimination to sexual harassment.  These issues can be especially complicated for businesses that don’t clearly address workplace relationships in their employee handbooks.  If it’s too late to set policy amidst burgeoning love, supervisors and HR representatives will have to rely on their common sense to handle workplace relationships.  To make that process easier, remember to PREP by being:

Professional: When talking to employees, keep comments business related by addressing productivity, performance, and professional conduct.  Don’t discuss anything personal, and remember that any personal information confided in you should be kept strictly confidential.

Reasonable: Be reasonable about the demands placed on your employees.  They spend a lot of time together, which can naturally foster closeness.  Without a written policy to address workplace relationships, your response can only extend so far.  You can’t ask employees not to date, and even if you could, more problems could be created by enforcing unrealistic rules.

Equitable: As a matter of good HR practice, it’s important to treat all employees (and all workplace relationships) the same.  This applies even if the relationship involves an extramarital affair.

Proactive: After a relationship problem arises, it’s too late to implement a formal company policy, so don’t attempt enforcement beyond what federal, state, or local laws require.  Instead, talk with management about establishing a written policy to address workplace relationships.  A clear policy will be the best way to manage future workplace relationship issues.

With or without a formal policy, when a workplace relationship ends, things could get messy for both the former couple and the HR Department.  What was once welcome personal attention could now be considered unwelcome sexual harassment.  During the relationship, it may have been common for one partner to frequent the other’s desk to chat, but that chat may now make the other partner uncomfortable.  If left unaddressed, this unwanted conduct could easily snowball into a sexual harassment issue.

That’s why it’s best to catch these issues early.  As an HR representative, start by sitting down separately with each employee to clarify what professional behavior means to them and to your business.  Outlining professional standards may be enough to stop the unwanted conduct, but if the behavior continues, these conversations are a good starting point for potential disciplinary action.  Remember, everything should be documented, from the complaint to the sit-down conversations, to create a solid base for future action.  It’s important to take these issues seriously as professional matters and not just private conflicts.

Your business’ productivity could suffer because employees are chaining themselves to their desks.  But why are employees spending so many days at work and shunning the personal leave they once relished?  New studies show employees are afraid to—or genuinely unable to—step away from their desks.  Even a nasty head cold or the beckoning of a Caribbean vacation won’t unlock those chains.

As for the head cold, a recent CareerBuilder survey found 72 percent of workers report for work when they’re legitimately sick.  Most respondents (55 percent) do this because they feel guilty about missing work.  While this seemingly demonstrates amazing loyalty, how loyal is it to show up to spread germs to healthy coworkers?  Furthermore, does an office full of runny-nosed people slumped at their desks promote productivity?

And then there’s that Caribbean vacation.  A Right Management poll found 46 percent of workers didn’t use all their vacation time in 2010.  Workers either couldn’t get away from their desks or felt like they couldn’t get away to enjoy their annual vacations.

Whatever the case, employees are spending more days at their desks.  With so many businesses short staffed, with more duties falling to fewer employees, taking personal time is a legitimate concern for many workers.  Employees also worry that if they miss work, even for a day or two, their employers will realize either the worker or the position isn’t vital.  Employees are afraid to step away because their jobs may not be there when they come back.

If your employees aren’t taking the personal time they need, they’re at risk for employee burnout.  Workers who don’t feel like they can get a break from work, either to get healthy or to have fun, are more likely to suffer persistently high stress levels.  In turn, high stress levels can lead to employee turnover, which can quickly have your business flipping through job applications.  So what to do with employees who won’t unlock that desk chain?

Hand them the keys.  Now, more than ever, it’s important to tell employees it’s OK to miss work—and it needs to genuinely be OK.  Remind employees that their jobs will be waiting when they come back, and then train coworkers to fill in for sick or vacationing employees.  At the end of the day, employees able to take time off work will be healthier and happier, and will respond with increased loyalty and productivity.

If your employee handbook was last updated in the age of high hair and parachute pants, it lacks key legislative changes such as the Americans With Disabilities Act, the Family and Medical Leave Act, and the Polygraph Protection Act.  Relying on an out-of-date handbook is a surefire way to invite litigation!

Your HR team should continually review the handbook for necessary updates.  Employment law is constantly changing, so your HR team should check new laws against your employee handbook’s policies.  Your HR team should also confirm handbook policies match actual practices.  The last thing anyone wants is to be cornered by an employee armed with a handbook offering six weeks’ vacation, when current company policy only offers four.

Having an up-to-date handbook provides many benefits beyond avoiding uncomfortable confrontations.  Not only does the handbook provide guidance to employees and supervisors, but it also establishes consistent policies important to risk management.  Consistent policies also ensure a more harmonious work environment, since everyone knows what to expect.

If it’s time to update your employee handbook, consider the following steps:

1. Regularly review the handbook to ensure the most current policies.
2. Have an attorney review the handbook at each phase.
3. Implement a plan to address policy updates and how to communicate them to everyone in the business.
4. Train management staff to consistently follow handbook policy.
5. Record all updates and changes in a log.

Check back soon for Parts Two and Three of our Employee Handbook series!

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.

Brandon Carl, our Business Development Manager, chatting about Human Resources outsourcing and GHRO with Ciaran Foley on LookSee.TV!

2010-08-10 Brandon Carl and GHRO Discuss Outsourced HR from Ciaran Foley on Vimeo.

With Thanksgiving fast approaching—the busiest travel time of the year—employers from Los Angeles to Louisville will be juggling the same problem: employee time-off requests.  With so many employees asking for time off, and some of them pleading at the last minute, it’s easy for businesses to find themselves short staffed during the holidays.  Although the holidays are synonymous with vacation time, efficiently managing time-off requests can present a problem at any time of year.

The key to effective scheduling is establishing a clear policy for time-off requests.  The employee handbook should outline the procedure to request time off, including how employees can request time off, how much advance notice is required, how many employees can be off at one time, and how time-off requests are processed, whether by seniority or by order of request.

Formal written requests are recommended to properly document employee time off, such as through an e-mail or a standardized form.  Once a request is approved, the employee’s manager should calendar the time off in a place where all affected management staff can see it and arrange for adequate department staffing.  Communication is always critical to successful scheduling, both among management staff and between managers and employees.  Before the holiday rush, employees should be made aware of scheduling deadlines and staffing expectations, such as how many people need to work the day after Thanksgiving.

While it’s important to maintain clear time-off procedures, sometimes flexibility trumps policy, especially since last-minute requests are known to crop up around the holidays.  Employers on the brink of scheduling chaos should be fair and let employees know the decision regarding their time-off requests and why that decision was made.  Flexibility can go a long way toward employees feeling positive about the decision and feeling like they were treated fairly, even if the outcome wasn’t in their favor.  The more employees feel valued, the more they may be willing to schedule time off in advance or to be flexible if someone else suddenly needs time off.

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.

Today, Human Resource Outsourcing is catching up to software outsourcing as a growing practice among small, mid-size and large companies. The burden of managing human resources has become too much for some businesses that are looking to reduce costs during such tough economic times.

For this reason many companies are not only taking advantage of HR outsourcing but it is becoming more common for businesses to actually utilize comprehensive human resource outsourcing.

Comprehensive HR outsourcing involves a company not only relying on HR outsourcing for special projects or particular department functions but also for the major functions of the company like payroll services, recruitment services, employee benefits and more.

Comprehensive HR outsourcing not only reduces costs and taps into more experienced skill sets but will also help a company to cut HR costs and improve management-employee relations.

Comprehensive HR outsourcing has also proven to be beneficial in shortening employee turnover while raising employee satisfaction and increasing productivity.

Companies choosing Comprehensive HR outsourcing for HR functions, benefits, health and payroll as a viable business strategy have found they are controlling costs, improving employee productivity and reducing their assumed risk with full time employees.

Here Are Some Of The Reasons Businesses Are Choosing Comprehensive HR Outsourcing:

• Increases efficiency, productivity, cost effectiveness and expertise
• Reduces the risks with government compliance, safety and worker’s compensation, pension administration, HR audits and other legal issues.
• Improves employee/labor relations.
• Raises the return on investment (ROI) for human resources.
• Lowers costs of health benefits and other expensive benefits packages.