By Kimberly Kafafian

 

One day an employee just doesn’t show up for work. No phone call, no email, no text – no explanation. The next day, the same thing occurs. And the day after that, still no contact. Their actions are impacting your ability to run your business. What can you do about their abandonment? Below are some tips to help you address the situation, along with strategies to prevent it from happening again in the future.

What Constitutes Job Abandonment?

Job abandonment occurs when an employee does not show up for work and does not notify the employer of their intention to quit. By not communicating with the employer, it is assumed that the employee has abandoned their job.

There are no federal or state laws that specify the number of days that must pass before abandonment applies, but the most common time period is three business days. In some states, existing case law may establish what is considered a reasonable time period. If an organization has a job abandonment policy in place that outlines the number of days, that is the time period that would apply.

Actions to Take When an Employee Abandons Their Job

If you believe an employee as abandoned their position, you should take the following actions:

Assess the Situation
Not all failures to show up or call in are necessarily job abandonments. There is the possibility that the employee was not able to make contact, such as in a medical emergency. It is important to conduct an investigation to uncover the cause and mitigate any liability. Contact the employee, via phone and email, to find out why they did not come to work and ask if they plan on returning. If you are not able to connect with the employee on the first day, try again – multiple times – over the next few days, until the minimum number of days that is considered abandonment has lapsed. You should also reach out to the employee’s emergency contact and let them know you have been trying to get in touch with the employee. If all of these contact attempts fail, send the employee a letter to their home address noting the dates of missed work and all of your attempts to reach them, and advising that if they don’t contact you within seven days you will consider their non-response to be job abandonment.

Record Everything
Make sure you record all of your contact attempts and place this information in the employee’s personnel file. It is very important to keep track of your actions.

Send a Termination Letter
If you are not able to make contact with the employee despite your efforts, and they have not responded to your letter, send them a termination of employment letter. Be very specific in this letter by including:

• hat they are being terminated because of job abandonment
• The dates of missed work
• Your attempts to contact them
• Your rules for return of any company property
• A contact they can reach out to with questions
• Any required COBRA and insurance paperwork
• Last paycheck if required

Steps to Prevent Job Abandonment

Create a Job Abandonment Policy

To avoid any confusion, you should create a job abandonment company policy, which is included in your employee handbook and any online employee portals, that states:

• How many no shows or no calls constitutes job abandonment
• The consequences of abandoning your job, i.e., that it is considered voluntary termination, which prevents collecting unemployment benefits

This policy should also address short-term disability, as well as the Family Medical Leave Act, specifically outlining that if the employee does not show up to work for a specific number of days and fails to request a leave of absence for a medical or family emergency, or fails to file disability paperwork, they will be deemed to have abandoned their job.

You should also have a policy in place for how you will investigate and take action on possible job abandonment, such as:

• How you will attempt contact
• How many times you will attempt contact
• How you will record your attempts
• How you will send out termination letter if all attempts fail
• Having clear policies in place will let employees know the consequences of their failure to call in or come to work.

Build a Culture Where Employees Feel Appreciated

People abandon their jobs because they are not happy with them. If you want to prevent job abandonment, create a culture where your workers feel valued, appreciated, and heard. Offer lenient personal and sick time. Encourage communication and sharing of ideas. Take an active role in, and provide opportunities for, professional development. Consider benefits beyond salary. If possible, be flexible with where and when employees work.

If you need help developing job abandonment policies, or enhancing your culture, schedule a free consultation to talk to one of our HR experts.

By Dan Darabaris

 

Three years into dealing with COVID-19, we’ve come to realize that this virus is here to stay for the time being, but the guidelines are becoming more lax with each passing day. The rigorous requirements of isolation and masking we dealt with for so long morphed and then morphed some more, again and again. With so many guideline changes, many employers are asking what policies are currently mandated for the workplace in 2023. The answer really depends upon where your business is located. While the CDC has updated its guidelines, states and cities have their own rules organizations must follow.

Current CDC COVID Guidelines

As of 2/1/23, the CDC recommends the following for the general public (non-healthcare workers):

Whether vaccinated or not, if you have COVID-19, you should isolate yourself from others. If you are sick and think you may have COVID, but you have not yet tested, you should also isolate. If you test negative, you can end the isolation, but if you are positive, you should follow the new isolation guidelines below.

Isolation Recommendations

If you tested positive, stay home for at least 5 days and isolate yourself. Wear a mask when around other people during this time.

How to Count Isolation Period

• If you had no symptoms, Day 0 is the day you tested (not the day you received the results). Day 1 is the first full day after the day you tested. If you develop symptoms within 10 days of Day 0, the isolation clock restarts on the first day of symptoms.
• If you had symptoms, Day 0 is the day your symptoms started, and Day 1 is the first full day after that.

When to End Isolation

• If you didn’t have any symptoms, you can end isolation after Day 5.
• If you had symptoms and they were improving, and you are fever-free for 24 hours (without the use of medication), you can end isolation after Day 5, but you should wear a mask for around others until at least Day 11. If symptoms are not improving, you should isolate until you are fever-free for 24 hours and the symptoms start to improve.
• If you experienced symptoms and had shortness of breath or difficulty breathing, you need to isolate through day 10.
• If you were hospitalized or have a weakened immune system, you should isolate through Day 10 and consult a doctor before ending isolation.

Additional Guidelines

Regardless of when you stopped isolation, until Day 11, you should:

• Avoid being around those you are more likely to get sick from COVID-19
• Wear a mask around others unless you had 2 sequential negative antigen tests at least 48 hours apart 
• Not go places where you cannot wear a mask until you can discontinue masking

Based on the above, if an employee has COVID-19, employers should follow these guidelines with regard to the employee’s ability to be present in the workplace, promptly notify workers of exposure, and of course follow any applicable leave laws. 

But more requirements may be in place as the CDC guidelines only supplement federal, state, local, and territorial health and safety laws, rules, and regulations. And those laws, rules, and regulations vary. Below are a few examples.

In New Jersey, there are no longer any specific COVID-19 worker rights and protections in place; however, the state does provide the following recommendations for businesses:

• Follow the CDC guidelines
• Encourage unvaccinated employees, customers, and guests to wear masks
• If requiring masks or gloves, provide them to employees
• Provide approved sanitization materials for employees and visitors at no cost 
• Provide employees with sufficient break time for hand hygiene
• Perform routine cleaning and disinfection of all high-touch areas
• Conduct daily health checks before each shift (temperature screenings, symptom checking, questionnaires)
• Keep sick employees from entering the workplace and follow the applicable leave laws
• Encourage sick employees to stay home
• Promptly notify employees of any known exposure to COVID-19 at the workplace

Although New Jersey doesn’t have any COVID-19-specific sick leave or job security policies, businesses are still required to follow existing sick leave and job protection laws.  Additionally, employers must abide by OSHA, which requires them to provide a safe and healthy workplace free from recognized hazards that are likely to cause death or serious harm – and the agency has been consistent during the pandemic that employers are obligated to prevent occupational exposure to COVID-19 under the general duty clause. In relation to COVID-19, OSHA specifically suggests that employers instruct workers who have COVID-19, those who are unvaccinated and have had close contact with someone who tested positive, and workers who have symptoms to stay home from work. 

So while New Jersey does not have any workplace rules in place, there are significant recommendations, and federal rules, that employers should follow.

New York has stated that it is following CDC guidance when it comes to COVID. In addition, it recently extended the state law requiring paid leave for COVID-19 vaccination effective date through December 31, 2023, and it continues to require employers to provide paid COVID-related leave.

In California, a bill was passed allowing employers to prominently display a notice regarding COVID exposure, where other notices are placed with the dates the employee with COVID was at the workplace, in lieu of written notice being sent to employees. 

As you can see with just the different laws in these three states, it’s important to stay up to date on what your state and local governments, along with the federal government, are requiring.

How to Proceed

While the wrath of COVID-19 may have subsided, employers need to be diligent. Moving forward, they should:

• Follow current guidelines, rules, laws, and recommendations
• Monitor federal and local law and rule changes
• Keep on top of changing CDC guidelines
• Be prepared for potential surges
• Reinforce workplace safety
• Continue to openly communicate with employees

By Dan Darabaris

 

Employee handbooks are an important HR tool for any company. They outline everything from routines, such as start times and how to call in sick, to benefits, vacation, and overtime, to most importantly, policies, procedures, and rules. With so much key information contained in this document, it’s important to have employees sign an acknowledgement form that they have received the handbook and agree to follow it. 

Why Should You Obtain Their Signature? 

Because it helps protect the business. If you don’t have a written acknowledgement, you can get into battles over what the employee did and didn’t know, making it difficult if you need to write the employee up or wish to let them go.

But What Happens If an Employee Refuses to Sign?

Whether or not the employee signs the handbook, the policies and procedures outlined in the document still apply – and this is something that you should make clear to them. The purpose of the signed acknowledgement is to have documented proof that the employee was made aware of the policies, and you have other ways to document this.

Note the Refusal

Inform the employee that their refusal to sign does not exempt them from following all policies and procedures in the handbook. Then note that the employee was given a copy of the handbook, but refused to sign it. Be sure to make this notation along with the date. 

Include Refusal Language on the Acknowledgement Form Itself

You could alternatively include language on the acknowledgement form that allows the employee to indicate that they were presented with a copy of the handbook, read it, and refused to sign.

Review the Handbook with the Employee

Have staff members, preferably both a member of the HR team and a manager, review the contents of the handbook with the employee. These staff members should indicate on the acknowledgement form that the employee refused to sign and that they reviewed the document with the employee. They should then sign and date the form. If you choose this route, be sure the staff members go over every topic, answer any questions the employee may have, and ask them if they have any questions.

Ask the Employee Why They Don’t Want to Sign the Handbook

I recommend finding out why the employee does not want to sign the acknowledgement. There could be a myriad of reasons and you should uncover them. It could be that they don’t agree with some of the policies or simply that they don’t understand them. Having a conversation with the employee allows you to address their concerns and clear up any confusion – heading off issues down the road. You could start the conversation by asking questions like, “What about signing the handbook concerns you?” or “This handbook is meant to serve as a resource for all of us and the policies apply regardless of whether you sign or not. Why are you opposed to signing it?”

Having this conversation may help you identify issues around some of your policies that need to be addressed.

If employees are having concerns regarding handbooks and policies, it may be an indication of a systemic issue with your organization.  Monarch has the experience to help you uncover potential issues and work through whatever challenges your organization is facing.

 

By Nicole Martin

 

Hearing the word mentoring usually conjures up images of an older, more experienced person guiding a younger worker on their career path. This is the traditional concept that many of us have experienced, whether we were the mentor or mentee. But there is a more modern version which is becoming increasingly popular because of its tremendous benefits called “reverse mentoring.” 

What Is Reverse Mentoring?

A twist on conventional mentoring, reverse mentoring involves younger workers guiding executives. You’re probably wondering “What is the benefit of that?” Well, the benefits are numerous and the positively impact both employers and employees.

The idea behind reverse mentoring is to provide executives with a fresh perspective along with helping boost their knowledge in the areas of technology, social media, and current trends – topics on which the younger generation has plenty to share. In essence, the executive learns from the junior – a refreshing and educational initiative.

The concept of reverse mentoring can either be a one-way mentorship, where the junior worker mentors the executive, or, it can be a dual-mentorship in which each party learns from the other. If you’ve ever seen the movie The Intern with Robert De Niro and Anne Hathaway, you’ve witnessed this second option in action. De Niro plays a retiree who applies for a senior citizen internship program at a new company founded and run by Anne Hathaway. De Niro is assigned to work for Hathaway and a reverse mentorship evolves, where De Niro shares the wisdom he gained over his career with Hathaway, as she enlightens him on technology and trends. Both gain much from the experience.

The Benefits Reverse Mentoring Brings to the Workplace

Reverse mentoring benefits the mentor, the mentee, and the organization. Here are some of the positive impacts it has overall:

Intergenerational Awareness

A multigenerational workforce is critical to an organization’s success. The understanding and welcoming of different mindsets, ideologies, and approaches from different generations are integral to innovation and growth. Reverse mentoring enables organizations to pair workers across generational divides spurring new ideas and strategies. With four generations working together, this is crucial.

A Bottom Up Flow of Information

Having younger workers mentor executives fosters a reverse flow of information from the bottom up. This approach provides leadership with a more robust perspective of the company and operations overall through information on how the enterprise really works helping to address challenges and changes. It also offers insight on the right terminology to use in communications. All of this seeds ideas and aids in achieving goals. 

Improvement of Business Skills

The younger generation grew up with computers, the internet, and social media. It is no stranger to technology and online forms of communication, which creates and spreads trends like wildfire. Older executives can benefit from the in-depth knowledge these tech-savvy millennials and Gen Z can provide. This sharing of digital skills boosts data analysis and strategies.

Encouraging Communication

Newer workers may be so focused on pleasing management, that they avoid speaking up. Partnering with executives helps to build valued relationships, which in turn encourages the younger generation to share their ideas and concerns, as well as welcome collaborative opportunities. Such actions aid in creating a positive culture and enhance employee engagement.

Expanding Diversity

Pairing unlikely co-workers together helps expand diversity because it cultivates a sense of belonging. Rather than simply pair workers across generational divides, with reverse mentoring initiatives you can also seek out minority groups to expand views and ways of working.

Increased Retention

With reverse mentoring, younger workers feel like they are being heard, that their ideas are appreciated and welcomed, and that they are supported. This goes a long way to enhance culture, which in turn boosts engagement and retention. 

While reverse mentoring may be turning the traditional concept of mentoring on its head, it’s still founded on sharing experiences and making others feel supported – which not only benefits the mentor and mentee, but the workplace in general.