New Challenges in Combating Absenteeism. Cornelia Gamlem, SPHR February 28, 2008

Transcription

1 New Challenges in Combating Absenteeism Cornelia Gamlem, SPHR February 28, 2008

2 Introduction May 23, 2007 EEOC Holds a meeting on Achieving Work/Family Balance: Employer Best Practices for Workers with Caregiving Responsibilities at which SHRM provides testimony focusing on an overview of work/life balance programs and benefits Additional testimony focused on best practices for low & middle income workers and for high income workers Issues Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.

3 Today s Discussion Background Overview of EEOC Enforcement Guidelines Work-Life Balance Programs and Benefits Design & Implementation Considerations and Keys to Success Managing Absenteeism Training Initiatives

4 Background Enforcement Guidance stemmed from concerns that caregivers are adversely treated on the basis of protected characteristics e.g., sex, race, disability. Such treatment includes stereotyping (e.g. on the basis of sex or race), association with an individual with a disability, and retaliation.

5 Background Examples of stereotypes cited: Assumption that Childcare responsibilities will make female employees less dependable Women with young children are less committed to work and/or should not work long hours Men are not reliable caregivers, their primary role is breadwinner Workers (male or female) who take leave for care giving responsibilities are less committed to work Benevolent Stereotyping Well-intentioned and perceived as being in the employee s best interest (e.g. working mother would not want to relocate and/or travel)

6 Background Employment decisions based on assumptions or stereotypes rather than work performance violate antidiscrimination laws Examples of adverse action cited: Women receive less favorable treatment after giving birth despite the absence of a decline in performance Denying men child-care leave while granting the same leave to women Giving a caregiver less desirable assignments or reassigning from a lead to supporting role and subsequently denying a pay raise because she needs to be available to work on bigger accounts

7 EEOC s Objective Rise in Work-Family Conflicts Women comprise half the labor force Rise in working mothers with young children Increase in eldercare responsibilities Increase in men s role in family caregiving (childcare and eldercare) Lower paid workers have less control over schedules EEOC encourages employers to adopt best practices to make it easier for all workers to balance work and personal responsibilities.

8 Key Points from SHRM Flexibility is related to industry type, nature of the work and company size SHRM 2006 & 2007 Benefits Surveys found that large organizations were more likely to offer more family friendly benefits than small and medium organizations There were differences across industries

9 Key Points from SHRM SHRM has long recognized the importance of balancing family/home needs with work needs before the recent emphasis on the issue Assists members with developing & implementing programs and benefits that help all employees regardless of caregiver status SHRM also understands the challenges employers face to have adequate staff to ensure productive and seamless operations

10 Work-Life Balance Programs Alternative Work Schedules Flextime: Allows employees to alter their starting and ending time while requiring core hours (i.e., 10 a.m. 2 p.m.) and the total hours worked in the day the same for all (e.g. 8 hours) Compressed work week: Allows employees to work the same amount of total hours for the week in a shorter period of time (i.e., four 10-hour days). Job sharing: Allows two employees to share the responsibilities of one job. Telecommuting: Allows employees work away from the primary location, often at their own homes. Full time, Part time or Ad-hoc basis

11 Design & Implementation Identify the organization's goals and needs (e.g., core service hours, performance standards) Involve both managers and employees in planning Develop a consistent plan structure requirements of applicable wage and hour laws, unemployment insurance compensation criteria, bargaining unit agreements Provide training for managers, employees and co-workers Communicate performance expectations, evaluation, pay, hours of work, record keeping Address and communicate the impact of paid holidays and paid leave especially important for a compressed work week Provide ongoing follow-up and monitoring to track how well a program is working and whether it should be expanded, revised or discontinued

12 Design & Implementation Job sharing: A job-share proposal should address the following: What days and hours will each partner work? How much overlap will there be? How will the team handle important meetings, conference calls and so on? How will the team communicate? How will the team split salary and benefits? How will performance evaluations be conducted?

13 Design & Implementation Telecommuting program considerations: Selection & management of telecommuters Employee/Job Characteristics Organization and time management skills Performance and tenure Manager Characteristics Empower and trust their employees Manage by results not by time spent working Provide feedback and communication

14 Design & Implementation Telecommuting program considerations: Equipment & Technology Technical Support Data Integrity & Security Privacy & Confidentiality of Company Data Remote Access to Office Workstation Hardware PC with wireless or other connection, Printer, Fax, Phone Physical work space requirements

15 Design & Implementation Telecommuting program considerations: Risk Management Workers Compensation Safety Insurance Considerations Asset Management responsibility for equipment losses/damages Legal Fair Labor Standards Act Americans with Disability Act Family & Medical Leave Act Workers Compensation OSHA

16 Child/Eldercare Benefits Flexible Spending Accounts (most common) On-site childcare centers Childcare & eldercare referral services Consortium child care centers Access to back-up care (child/elder) for unexpected events such as sick child or school closings Subsidized child/elder care service

17 Considerations Assess the financial and legal risks On-site centers potential liability for injury, health problems, claims of child-care worker abuses zoning & licensure Day-care consortium & referrals Research the background of the center and its employees Care standards including child-to-provider ratios Encourage feedback from employees

18 Keys to Success When developing work/life programs and benefits, keep the following in mind: 1. Keep programs relevant to employees needs and the company s goals. Reassess the program as your employee population changes 2. Focus on specific employee groups. The needs of employees may vary across the organization but take care not to create a second class of people. Refer to the testimony of best practices for low & middle income workers and for high income workers Recognize that all employees, regardless of caregiver status make valued work contributions and must balance the responsibilities of their work and home lives.

19 Keys to Success When developing work/life programs, keep the following in mind: 3. Benchmark against organizations of a similar size, and in similar industries in the geographic areas where you do business. 4. Communicate the programs so employees know how to take advantage of them. 5. Be careful with takeaways. Abruptly terminating a program, even one with low usage, can be viewed as a retrenchment. Employees tend to remember and resent takeaways. Modify or eliminate it over time instead of all at once.

20 Managing Absenteeism Develop and adhere to policies that make sense for your organization and industry Review your policies with legal counsel Consider FMLA, ADA, Workers Comp and other relevant laws and requirements Clearly communicate your policies so employees understand what is expected Be realistic in your expectations Use resources available through your EAP

21 Managing Absenteeism Address excessive, unauthorized absenteeism Distinguish between unforeseeable absences and scheduled time off contained in leave policies Document dates of occurrences reason for the absence whether the employee followed notification procedure Make decisions based on facts (not assumptions) and organizational policies Have an internal review process before an adverse employment action is taken (such as two levels of management review)

22 Managing Absenteeism Discussions with employee -- Explain the critical nature of the problem (e.g. disruption of workflow, others picking up the slack, missed deadlines) the negative impact the absenteeism is having on the organization (e.g. need for unscheduled overtime) expectations for attendance consequences if the situation does not improve Focus on the facts

23 Managing Absenteeism Employment decisions that are based on an employee s actual work performance, rather than assumptions or stereotypes, do not generally violate Title VII, even if an employee s unsatisfactory work performance is attributable to caregiving responsibilities. From EEOC s Enforcement Guidance

24 Training Initiatives Use training to inform managers Legal and regulatory requirements On-going refreshers (e.g. ADA, Title VII, etc.) New and emerging issues (e.g. new FMLA regulations when finalized) Your organization s policies, practices and procedures Available resources (they don t have to go it alone) Within the organization Outside the organization, such as your EAP

25 Training Initiatives Use training to assist managers to Conduct that difficult conversation about performance related issues (without running afoul of the legal landscape) Recognize & foster workplace behavior that demonstrates respect Challenge assumptions and biases Use examples to raise awareness about biases Show how stereotypical attitudes are disrespectful and can lead to discriminatory behavior

26 Example There have been a number of school closings because of inclement weather. As a result, the owner of the firm comments that the working mothers have missed too many days and are not reliable workers. Stereotype: Working mothers are unreliable

27 Example He goes on to state that he wants to discipline the working mothers who ve missed too much time. He is advised against doing so and takes no immediate action. When its time for annual raises, he gives lower raises to the working mothers Adverse action: Unfair treatment based on caregiver responsibilities.

28 Training Initiatives The objective should be to bring about change through respectful behavior Emphasize the principles of inclusion and respect Recognize the unique contributions each individual makes Encourage managers to look at workplace issues in new and different ways to meet the needs of the changing workforce

29 SHRM Resources 2007 Benefits Survey Alternative Scheduling Toolkit Benefits Toolkit Communication Toolkit Employee Assistance Program Toolkit Telecommuting Toolkit Virtual Workplace Toolkit Workplace Flexibility Benefits Employees, Employers (article) S_ asp#TopOfPage

30 Questions or Comments

31 About GEMS Group The GEMS Group helps clients develop HR practices and policies that supports their business strategy. We provide management training and training that supports workplace diversity & inclusion. Our services also include EEO and Affirmative Action support. To learn more visit us at Thank you, Cornelia Gamlem, SPHR