Web Extra: Cesare on HR

This is the second in a series of 10 stories on the most serious HR mistakes landscape contractors make. In the coming months, Lawn & Landscape will cover: discrimination, the Fair Labor Standards Act, OSHA violations, time sheets, workers’ compensation, wrongful termination, employee handbooks, and retaliation. To read the first installment on I-9 Forms, visit www.lawnandlandscape.com and search “Cesare.”

Common Leaves of Absence:

• Vacation,
• Sick leave,
• FMLA,
• State-specific medical and/or family leave (e.g., California Family Rights Act, Arkansas Organ and Bone Marrow Donor Act 2235, Rhode Island Parental and Family Leave Act),
• Federal and state pregnancy leave,
• State military leave,
• Workers’ compensation,
• Disability and rehabilitation,
• Uniform Services Employment and Reemployment Rights Act (USERRA),
• Federal and state jury duty,
• Witness duty,
• Domestic violence and sexual assault,
• Serious crime victims,
• Bereavement leave,
• School activities,
• Time off to vote,
• Voluntary firefighters and police,
• Literacy education,
• Drug/alcohol rehabilitation,
• Civil air patrol,
• Paid family leave,
• Personal time off,
• Employee birthday, and
• Religious observance.

More best practices:

• Employment practices liability insurance. This is insurance specifically designed to protect against loss incurred in litigating and settling various human resources issues including violations of federal and state leave of absence laws.
• Tracking Procedures. Establish detailed procedures that track all aspects of each type of leave of absence for every employee across legal timeframes. This documentation typically includes: eligibility, relevant dates, number of leave hours taken, pay and benefits, forms used, verification and recertification, concurrent leave usage and supervisory comments.
• Legal guidance. Due to the detailed nature and severe penalties associated with various leaves of absence, companies frequently rely on expert legal guidance when confronted with the technical complexities inherent with many of these situations.

Landscape companies should evaluate each legally required leaves of absence on the following criteria to reduce potential violations and financial costs:

• Legal Requirements: Specify whether the leave is mandated by federal and/or state government, clarify the minimum size of the organization that must comply, identify the reasons an employee can take the leave, and determine if the particular leave can run concurrently with other leaves of absence (e.g., FMLA and workers’ compensation).
• Compensation/Benefits: Determine if the employee will be paid or not paid and/or continue to receive benefits (e.g., medical, vacation accrual, seniority) while on leave of absence.
• Eligibility: Identify the standards associated with those employees capable of receiving the leave of absence (e.g., number of hours worked in a year, tenure, full/part-time employment status).
• Duration: Clarify the exact length of time that each leave of absence grants to an employee and how that time can be taken (e.g., individual hours, eight hour increments, 40 hours per year).
• Guaranteed Return to Work: Specify whether the employee has a guaranteed return to work to an “equivalent,” “same,” or “comparable” position or job assignment, once the leave of absence has been completed.
• Employer Verification: Determine if the employer can demand paperwork (e.g., medical provider, jury commissioner, school teacher) to verify the employee participated in the leave of absence.
• Penalties: List the full range of possible penalties, costs, and terms related to non-compliance.