HR Forums: Active Threads

What do you do when no one wants to complete appraisals?

gi_janearng — Fri, 20 Nov 2009 18:31:42 GMT

Specifically, when it's the senior management not doing them. I feel it's a time management issue. I have sent out overdue notice after notice and even CCed our President trying to get him involved but...nothing. They are only receiving more every month and there's no reason when a good majority of their employees are working in the same office as they are.

Computing hours within a Semi-monthly pay system for non-exempt employees

Northwest1 — Fri, 20 Nov 2009 17:15:29 GMT

Are we doing this correctly?

Our Corporate Office determines when pay periods begin and end, they also determine the maximum allowable hours each non-exempt employee can work within each pay period before OT is compensated.

In our system the maximum allowable hours within each pay period varies, one pay period may be 77 hours long, another may be 80 hours, another may be 88 another, or another may be 96. The number of days within each pay period will vary as well, for example, there are 15 work days in the 77 hours period, 14 days in the 80 period, 15 days in the 88 hour period and 16 days in the 96 hour period.

Employees are usually scheduled to work less than the maximum allowable hours, however it seems odd that in one 16 day period an employee can work up to 96 before being paid OT and yet in 15 day period they can only work up to 77 hours before OT is paid.

How do I calculate OT for hourly employees who scheduled work hours vary within a semi-monthly pay system that variable hours with in a pay period.

Blue Cross Dental Blue PPO

HSH38 — Tue, 10 Nov 2009 15:20:54 GMT

Does anyone have experience using this plan? I'm finding that the network of dentists isn't very good.

Creditable Coverage Notice for Medicare

3898931 — Thu, 19 Nov 2009 20:11:38 GMT

Does anyone issue the annual creditable coverage notices to individuals eligible for Medicare Part D? I'm probably just making things difficult, but I'm really struggling through reading the CMS overview.

Gross up tax for fringe benefits

anessao — Thu, 19 Nov 2009 15:31:19 GMT

I am in need of assistance in calculating the tax gross up on fringe benefits. I have found costly progams online that can assist with the project, however I was hoping to find someone with a spreadsheet or other tool that I might be able to use instead of buying a program. I only have a couple of instances where this has to be completed and was trying not to spend any additional money if possible. Can anyone help?

401k Partial Plan Termination

MNHR952 — Tue, 06 Oct 2009 16:09:53 GMT

Have any of you had to notify former employees of the 100% vesting because of partial plan termination? If so are you willing to share your letter with me? Thank you in advance.

Employees posting their resumes...

mmbland — Thu, 05 Nov 2009 22:28:50 GMT

My company wants me to implement a policy stating that we will not tolerate employees putting their resume online. Can we discipline employees for this? Is this legal? I don't agree with this but the boss is very adamant about this. He feels that if employees are looking for another job they won't be committed to this job. Does anyone out there know if other companys do this or not?

Holiday $$-spend on parties for everyone or bonuses for top performers?

CalifCallie — Thu, 19 Nov 2009 18:03:08 GMT

I just saw an HR blog advising companies to ditch holiday parties, however meager, and instead give bonuses to top performers.

This may be a very Jack-Welchian move, but I don't think it would do much for companywide morale during these hard holiday times.

Of course, you could try to keep the move quiet, but you all know about that fairy tale.

Any thoughts?

W2 Contractor v. 1099 Contractor

SubGrapHR — Fri, 13 Nov 2009 21:21:03 GMT

Can someone please elaborate on the difference between the two other than the tax obligation on the employer end for the W2 contractor. I am struggling to see how people get away with this classification. Any elaboration and/or advice would be appreciated as there is a push within my firm to start alternative contracting methods.

Benefits Enrollment Question

mzihc — Sat, 31 Oct 2009 06:14:57 GMT

Located in California, with corporate office in Florida. 3-4 employees in Fl, the rest in California. Total size : less than 50.

Our handbook describes a full time employees as “Regular Full-time Employees are normally scheduled to work 40 hours per week.”

To date we have offered all full time employees benefits upon hire – no waiting or probationary period.

Our corporate office doesn’t always share information with CA in a timely manner. They hired a receptionist full time about 3 months ago and we didn’t even know for 1 month or two.

Last week I rec’d an email asking that I send the receptionist our benefit information as “she had passed her 90 day probationary period.”

We haven’t had a probationary period for any other employee and she was hired on 3 months ago – not a temp.

I sent the receptionist all the appropriate paperwork but....

Our healthplan (I didn’t get into vision or dental its similar) is set up with a 0 day waiting period. Enrollment is supposed to occur during the month of hire, effective the month following hire. (EX. Hired Jan 15, eligible for Feb 1 effective date)

Somebody help me here – if her hire date was, say Aug 1, I understand the only time I would have been able to enroll her would have been between Aug 1 – 31, and now she is no longer eligible and will have to wait until open enrollment (which for us is next July.)

Correct? Incorrect? Comments?

Conducting Background Checks

6420667 — Mon, 14 Sep 2009 12:52:28 GMT

We are looking into conducting background checks on new hires. Does anyone have any advice reagrding how to go about it? Local versus national? What do you do with the information? Is there guidlines that need to be followed for dealing with what you find out? Like, can you still hire an employee with a criminal history as long as they disclosed the information first? Thanks!

Intermittent FMLA Absue

Deldra — Thu, 01 Oct 2009 14:31:55 GMT

We have a Certified Nursing Assistant (CNA) who is currently on an intermittent FMLA. In checking her attendance records since January 2009, she has a pattern of calling out on Fridays – not every Friday – and some Mondays which would give her four days off if she is not scheduled to work on the weekends. I know I can request a recertification – in connection with an absence – every 30 days. I also know that according to the new regs, I can speak with her doctor and submit attendance records to determine if the employee must be off work on Fridays and/or Mondays. However, my guess is he would say that based on her condition, she may need to call out but not necessarily on Friday or Monday.

If that’s the response, what recourse do I have? Even if I speak to the employee, talk about the “pattern of absences” and she continues to call out, what can be done?

Changes to Holidays

mzihc — Tue, 17 Nov 2009 22:19:50 GMT

Less than 50 employees, Majority of employees in state of California, with 3-4 in Florida.

Our handbook notes that employees receive 7 holidays a year and specifies those, including New Year’s Day. We also offer two floating holidays which may be designated by the company when setting each year’s holiday calendar. Also states holidays falling on Saturday will generally be observed Friday, those on Sunday generally observed Monday.

While I understand that the holidays are not mandatory in CA, they are outlined in the handbook and offered as one of our benefits.

An email was sent out today from FL corp. noting the 2010 holidays, and designating the two floating holidays. It is their intent to designate each year’s floating holiday’s moving forward. Our handbook states these may be days designated by management,

The 2010 calendar ends with designating Friday, December 31, 2010 as a holiday. Based on the total count this was designated as a “floating holiday”.

It was then brought to me by a number of employees as to whether or not Monday, January 3, 2011 would then be our “New Year’s Holiday” for 2011. Otherwise, they were concerned that for 2010 they were short a day. I.E. Friday counted for a floating in 2010 and a designated holiday in 2011 – counted twice.

I brought this up and was told that Monday Jan 3, 2011 would be a business day but that the total for the year would remain 7 holidays + 2 floating. A subsequent email was sent to employees saying this. And that 2011 dates would be provided later next year. So although New Year’s is designated in our handbook, that day would be used instead say for a previously not-celebrated holiday such as Martin Luther King day.

I believe we are within our rights to change I think. So I’m looking for help on confirming that and also concerned about whether or not this needed to be handled differently- the boss’ take is that email is the official amendment to the handbook. I can handle the change but think its appropriate for morale to provide advance notice and try to do it right but I’m not sure what is the correct way.

Comments, direction, etc helpful.

COBRA Subsidy

garohde — Mon, 16 Nov 2009 20:23:14 GMT

I have an employee that was terminated and elected COBRA which was eligible for the subsidy. He then became eligible for Medicare, but his spouse continuted coverage as a single. I believe she is eligible for 36 months of continued coverage, but is she eligible for the reduced premiums?

FMLA-Tracking Template

mhelton4474 — Fri, 20 Feb 2009 21:14:18 GMT

I was hoping some of you would be willing to share your FMLA Tracking Template/Spreadsheet, etc. for those of you that administer FMLA in house. You can email me directly at mhelton@wallacethomson.com

Thank you in advance.

New Zealand Employment Law Resources

esherlock — Tue, 17 Nov 2009 15:50:53 GMT

Does anyone know of any good New Zealand employment law resources? We have an office there, and I really don't know where to start in terms of supporting them from an HR perspective.

FMLA and Salary Increase

CarolL1999 — Wed, 11 Nov 2009 16:37:50 GMT

Actually, this is a two part question. We have someone who went out on maternity leave two months after hire, for six months. Our annual review process is in December, which means she will have been back for two months.

I know because of her short tenure she is not protected under FMLA, but my questions are:

How would you handle under the situation as described? Would you delay her salary increase, for six months, for example?

How should the situation be handled if she were eligible for FMLA? We give a standard merit increase to everyone except for those who get more or less, for performance or promotion reasons, is she entitled to that even though she has been out on FMLA leave? I think I remember reading that she would be.

Thanks,

Carol

Employee admits drug abuse, goes to rehab...now what?

new2hr — Thu, 12 Nov 2009 17:54:46 GMT

My Plant Manger has posed the following questions. I am new at this and don't have an ounce of real world experience. Any advice is great appreciated.

"If we have an employee that admits he/she is on drugs, and goes to rehab. Can he/she return to work no questions asked? Do we get any paperwork from them? Do we drug test them?"

Thank you!

When does a casual comment raise concern?

HRChick11 — Thu, 06 Aug 2009 14:57:46 GMT

I was having a conversation with a colleague (non-HR) yesterday regarding a procedure that was not followed according to company process. This colleague commented that the situation, now under control, was blow out of proportion. I joked and said, “What around here isn’t”. To which she replied “Tell me about it. If I didn’t let things roll off my back, I’m come in with a shot gun.”

I’ve known this colleague for over 3 years and she is certainly not the violent type – at least not the type of employee that you would want to pass through a metal detector each morning. She’s never raised her voice in meetings or is seen as demanding. She’s very calm, even keeled and shows up each day.

Should I be concerned with her comments? If so, how can I do about handling the situation without accusing her of workplace violence?

What happened to eye contact ?

babaHR — Wed, 14 Oct 2009 18:40:44 GMT

Yesterday I took a walk around to take questions about flu shots and was mortified that several of the employees never took their eyes off their computer screens when I spoke with them.

This is an office, not an operating room or airport control tower. Employees can take a second to look at someone when talking to them.

I also noticed in our company meetings, employees are staring down into their phones texting instead of looking at the speaker.

Is eye contact passe? Are simple good manners gone, too?

Plant Employee Indicted for Home Invasion/Assault/Armed Robbery - Can we term?

new2hr — Wed, 16 Sep 2009 15:52:20 GMT

We have an employee who was hired on a temporary 90 day probabtionary period and was recently indicted for assualt/armed robbery. He is out on bail right now. Our thoughts are obviously for the safety of our other employees and we wish to terminate his employment, which is "at will". However, say he is not convicted of the felony. Would there be any legal action that could be taken against the company for wrongful termination?

Thanks a bunch!

Recording birth certificates on I-9s

HR01 — Fri, 13 Nov 2009 15:07:49 GMT

In the case of birth certificates that list a birth number and a number on the bottom left(usually next to the seal), which number should be listed as the document number on the I-9 form?

Time Keeping and Sox Compliance

esherlock — Mon, 02 Nov 2009 19:53:08 GMT

I am looking for some guidance on exactly what needs to be done regarding timekeeping for exempt employees under SOX. Currently, we are having everyone fill out time sheets weekly (exempt and non-exempt) this seems tedious and overkill. What is really necessary to be doing? What are other companies doing? I can't seem to find anything online clarifying this issue for me.

Brain Freeze on a Job Title

HRBaby — Tue, 28 Jul 2009 13:04:23 GMT

I'm looking for any recommendations on a positon we are looking to fill. This person will support the HR dept, Finance and other depts as needed. The responsibilities will include; filing, faxing, making copies, all clerical related duties and working on special projects.

So far, I came up with:

Office Assistant

Office Clerk

Office Support Specialist

Maybe, Admin Asst

Anything out there that sounds better?

Thx

Tardiness: Help me solve this problem

fayme — Mon, 02 Nov 2009 17:31:42 GMT

I am the HR mgr in a manufacturing plant, and our floor personnel are technical and highly skilled in an esoteric field. Recruiting for these positions is almost impossible, as there are virtually no candidates, but we are fortunate in that we don't have much turnover. We have a few individuals in these key positions who are chronically late. They punch a timeclock, so they are paid for the time they are at work. The culture since the company was founded about 35 years ago is that those who are chronically late get reprimanded, sometimes with a "write-up" in their file. However, there are really no "teeth" in these actions, and there has always been reluctance to be too drastic with discipline for tardiness, because of the difficulty in filling these positions and the good work that these employees do. Rarely does their lateness cause any real issue; it's just that the company president wants them to be there on time. Currently, we are putting lean practices in place, so these employees are being asked to cooperate with change, which they are doing. Also, like so many companies in this economy, we have had a pay raise freeze in place since February with no end in sight. The production manager has been told he must do something to address the tardiness issue, but he is at a total loss as to what he can do, because a 3-step progressive disicipline process would do more to hurt than the company than to hurt the employee if, for example, Step 3 were to result in termination. Has anyone out there dealt with a situation like this?