HR Workforce Solutions
By Nonprofits, For Nonprofits
Question: Some of our employees have said they don’t feel safe returning to work. Can we just permanently replace them?
Answer: We recommend extreme caution when deciding to replace an employee who refuses to work because of concerns about COVID-19. Generally, employees do not have a right to refuse to work based only on a generalized fear of becoming ill if their fear is not based on objective evidence of possible exposure. However, under the current circumstances, where COVID-19 continues to be a threat across the country, we think it would be difficult to show that employees have no reason to fear coming in to work, particularly but not exclusively in a location with a shelter-in-place rule. Returning employees may also have certain rights under state and federal law. Here are few things to keep in mind:
Check state and local law to see if additional protections may apply.
Instead of replacing employees who express fear at this time, we recommend that you consider methods to encourage employees to come to work and to help put their minds at ease. Consider emphasizing all of the safety methods you have put in place (such as scheduled handwashing, frequent disinfection of surfaces, social distancing rules, reduced customer capacity, staggered shifts, or more extreme measures if warranted by your industry). We recommend relying on the Centers for Disease Control and Prevention (CDC) and local health department guidance for establishing safe working conditions at this time. You might also consider offering premium pay (a.k.a. hazard pay) or additional paid time off for use in the future to employees who must come to work.
Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.
Are you still trying to figure out how to navigate the uncertainty of COVID-19 and its impact on your nonprofit and its employees? When you download UST’s new employer guide, 3 Critical Steps to Maintain a Resilient Nonprofit During COVID-19, you’ll discover helpful tips on maintaining your nonprofits operations during the current pandemic and beyond.
This short employer guide shares valuable insights and key strategies for securing your brand during times of crisis, including:
This guide will not only enable you to stay on top of strategy development, but also equip you with the tools you need to help your employees feel safe. Download your FREE copy today!
Nonprofit employers have faced unimaginable challenges in the wake of the COVID-19 pandemic. Now, as states start permitting businesses to reopen, nonprofits across the country are trying to figure out what that looks like for them, their employees and the communities they serve.
This informative webinar recording provides helpful tips for preparing to welcome employees back to the office while maintaining compliance with state and federal regulations related to the Coronavirus. Watch now to discover:
For additional COVID-19 employer resources and FAQs, please visit our COVID-19 Resource Center today!
Question: Can we screen employees returning to work for COVID-19?
Answer: Yes. Generally, inquiries about an employee’s health or a medical exam (like a temperature check) would not be allowed, but the Equal Employment Opportunity Commission (EEOC) has stated that screening employees for symptoms of COVID-19 is allowed since it is a direct threat to others in the workplace. Because of that, you may inquire about symptoms related to the virus, require self-reporting by employees, and take employees’ temperatures.
Known symptoms of COVID-19 include fever, cough, chills, shortness of breath or difficulty breathing, muscle pain, headache, sore throat, and sudden loss of taste or smell. As the medical community learns more about COVID-19, additional symptoms could be added to this list. Employers can check this page for currently recognized symptoms.
If you decide to do screenings, make sure you screen all employees; otherwise you may find yourself in the middle of a discrimination claim. And remember that all information about employees’ health — including a lack of symptoms or temperature — must be kept confidential.
Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.
COVID-19 continues to dominate headlines—in more ways than anticipated. While cybercriminals are always looking for ways to scam victims, pandemics provide additional opportunities for fraud. As people are spending more time than ever on their smart phones, iPads, and computers for work, shopping and entertainment, cybercriminals are ramping up their activities and getting more creative with their methods of hacking unsuspecting victims.
According to the Federal Trade Commission (FTC), scammers are using COVID-19 to further target consumers and businesses alike. They’re setting up websites, contacting people by phone and email, and posting dishonest information on social media platforms. Being aware of the different types of scams out there is the first step in protecting yourself, your business and your employees. Knowing how to handle those scams can save you a great deal of headache down the road.
The following are some examples of scams linked just to COVID-19:
Take the following precautionary measures to protect your organization and its employees from known and emerging scams:
With so many people working remote, hackers are looking for companies to drop their defenses, making it easier to infiltrate networks. When people are aware of what scams are out there, they are much less likely to fall for them. Talk about the risks with your management team, create a simplified outline of what to look for, and how to respond and relay to your entire staff.
On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 coronarvirus outbreak a pandemic leaving nonprofit employers across the states scrambling to understand the impact on their business. Now that orders are being lifted and we prepare to re-enter the workplace it’s important to understand the do’s and don’ts of implementing new COVID-19 procedures within your organization.
Do you know whether employers are permitted to take employees’ temperatures and ask about symptoms? Or if employers should allow employees to work at the office if they have been exposed to COVID-19, but are not showing any symptoms?
Since it’s often difficult to differentiate the credible information from the bogus, UST has compiled a COVID-19 Fact vs. Fiction handout for nonprofit leaders. Uncover the answers by downloading the COVID-19 Fact vs. Fiction Employer Handoutand discover other key COVID-19 facts as well as common misconceptions.
Ensure that Your Nonprofit Stays Compliant! Get a FREE 60-Day Trial of UST HR Workplace, powered by ThinkHR—a cloud-based platform that provides access to a live HR hotline, COVID-19 policy updates, thousands of documents and more. Request your free trial today at www.chooseust.org/HR-trial.
While we continue to adjust to this new “normal” of working remotely—with little to no face-to-face interaction—the COVID-19 pandemic has taken a major toll on nonprofit employees and their mental health.
This informative webinar provides helpful tips on how nonprofit leaders can help keep employees productive and engaged in day-to-day work activities. Watch now to learn key strategies that include:
For more access to nonprofit specific how-to guides, checklists and resources? Sign up for UST’s monthly eNews today!
In a recent nonprofit survey, UST uncovered how COVID-19 has affected 501(c)(3) nonprofit organizations, their employees and operational strategies.
With nearly 800 survey respondents—representing a wide variety of nonprofits from across the U.S.—this report highlights critical COVID-19 information, including:
This report will provide valuable insight on how nonprofit organizations are coping with the unprecedented challenges during this pandemic. Download your complimentary copy today.
Question: What’s the difference between a furlough and a layoff?
Answer: First, you should note that the language used when sending employees home for a period of time is less important than communicating your actual intent. Since temporary layoffs and furloughs are only used regularly in certain industries (usually seasonal), you should not assume that employees will know what they mean. Be sure to communicate your plans for the future, even if they feel quite uncertain or are only short-term.
Furlough
A furlough continues employment but reduces scheduled hours or requires a period of unpaid leave. The thought process is that having all employees incur a bit of hardship is better than some losing their jobs completely. For example, a company may reduce hours to 20 per week for a period of time as a cost-saving measure, or they may place everyone on a two-week unpaid leave. This is typically not considered termination; however, you may still need to provide certain notices to employees about the change in the relationship, and they would likely still be eligible for unemployment.
If the entire company won’t be furloughed, but only certain employees, it is important to be able to show that staff selection is not being done for a discriminatory reason. You’ll want to document the nondiscriminatory business reasons that support the decision to furlough certain employees and not others, such as those that perform essential services.
Layoff
A layoff involves terminating employment during a period when no work is available. This may be temporary or permanent. If you close down completely, but you intend to reopen in the relatively near future or have an expected reopening date — at which time you will rehire an employee, or all employees — this would be considered a temporary layoff. Temporary layoffs are appropriate for relatively short-term slowdowns or closures. A layoff is generally considered permanent if there are no plans to rehire the employee or employees because the slowdown or closure is expected to be lengthy or permanent.
Pay for exempt employees (those not entitled to overtime)
Exempt employees do not have to be paid if they do no work at all for an entire workweek. However, if work is not available for a partial week for an exempt employee, they must be paid their full salary for that week, regardless of the fact that they have done less work. If the point is to save money (and it usually is), it’s best to ensure that the layoff covers the company’s established seven-day workweek for exempt employees. Make it very clear to exempt employees that they should do absolutely no work during any week you’re shut down. If exempt employees do any work during that time, they will need to be paid their normal weekly salary.
Pay for nonexempt employees (those entitled to overtime)
Nonexempt employees only need to be paid for actual hours worked, so single day or partial-week furloughs can be applied to them without worrying about pay implications. We recommend that you engage in open communication with the affected employees before and during the furlough or temporary layoff period.
Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial today.
Nonprofits are facing unprecedented challenges navigating COVID-19 and its impact on day-to-day operations. Our recent webinar was designed to provide some valuable insight into the latest unemployment legislation and its impact on your organization and its employees.
This informative webinar recording discusses how COVID-19 is impacting nonprofits nationwide, what alternatives there are to layoffs and/or workforce reductions and more. Watch now to discover:
For additional COVID-19 employer resources and FAQs, please visit our COVID-19 Resource Center today!
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This Privacy Policy and the Terms of Use for our site is subject to change.
UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.
Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.
UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.
Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.
This Privacy Policy and the Terms of Use for our site is subject to change.
