Some of our employees have said they don’t feel safe returning to work. Can we just permanently replace them? What other options do we have? We recommend caution when deciding to replace an employee who refuses to work because of concerns about COVID-19. Here are few things to keep in mind: • Recalled employees may […]
Category: HR Q&A
Q&A: We are reopening after business closure due to COVID-19. Can we bring some employees back, but not others?
Yes. If you are recalling some positions, but not others, you should document the business reasons why only those positions were recalled. If you are recalling some employees in a certain position, but not everyone in that position, you should document the objective, job-related criteria you used to decide which employees to bring back. Seniority […]
Q&A: How do EFMLA and EPSL relate to each other, especially in regard to caring for children?
The emergency FMLA (EFMLA) and emergency paid sick leave (EPSL) both cover caring for children whose school or place of care is closed due to COVID-19 precautions. The leaves can run concurrently with the first 10 days of EFMLA being unpaid, which will, in many cases, coincide with the 80 hours of pay (at ⅔ […]
Q&A: Does the FFCRA apply to me if I have more than 500 employees? How do I count them?
No, if you employ more than 500 employees, the FFCRA does not apply to your organization. It applies only to organizations that employ fewer than 500 full-time and part-time employees within the United States. When counting your employees, be sure to include employees on leave, temporary employees who are jointly employed by you and another […]
Q&A: How do I make a telecommuting policy?
Although some employers will be comfortable sending everyone home with their laptop and saying, go forth and be productive, most will want to be a little more specific. A good telecommuting policy will generally address productivity standards, hours of work, how and when employees should be in contact with their manager or subordinates, and office […]
Q&A: Can we reduce pay because of economic slowdown due to COVID-19?
You can reduce an employee’s rate of pay based on business or economic slowdown, provided that this is not done retroactively. For instance, if you give employees notice that their pay will change on the 10th, and your payroll period runs from the 1st through the 15th, make sure that their next check still reflects […]
Q&A: Can we ask about COVID-19 symptoms?
Given COVID-19, if an employee is out of the office due to sickness, can we ask them about their symptoms? Yes, but there’s a right way to do it and a wrong way to do it. In most circumstances, employers shouldn’t ask about an employee’s symptoms, as that could be construed as a disability-related inquiry. […]
Q&A: What’s the Best Way to Enforce a Tardiness Policy?
Question: The previous HR Director never enforced our policy on tardiness, but I would like to begin doing so. What’s the best way to do this? Answer from Emily, PHR: I recommend meeting with employees to inform them that, going forward, the attendance policy will be uniformly enforced and that it’s important that people are […]
Q&A: How Do I Correct an Error on an I-9 Form?
Question: I just completed the I-9 with a new hire and realized I put down the wrong date. What do I do? Answer from Megan, SPHR, JD: When you find an error on an I-9, the USCIS recommends that you do the following: • Draw a line through the incorrect information.• Enter the correct information.• […]
Q&A: Can we extend a new employee’s probationary period? They aren’t meeting expectations yet.
You can extend an introductory period, but I would recommend a different approach. I’d also advise against using the word “probationary.” I’ll explain both points. Extending the Introductory PeriodFirst things first, be aware that having an introductory period for new employees has no legal impact on the employment relationship. Terminations during that time still come […]