Question: Can we require remote employees to have childcare?

Answer: We do not recommend having a policy that stipulates childcare is necessary. For one thing, in practice, it often isn’t necessary. Lots of employees are able to do their jobs just fine while supervising children in the home. Imposing this requirement (and a huge financial burden) won’t solve any problems, but it may encourage remote employees to start looking for a new job. Even in cases where supervising children does negatively affect job performance, requiring childcare as a solution could be seen as crossing a line into your employees’ personal lives.

Instead of requiring childcare, we recommend setting clear expectations for attendance, availability, performance, and productivity. You can then discipline employees who don’t meet these expectations without giving the impression that you’re micromanaging their personal lives.

It’s also worth keeping in mind that employee expectations around remote work have changed. People choose remote work with the idea that they’ll have more flexibility during the day to attend to their personal responsibilities. If that flexibility isn’t an option, it’s important to make that clear so employees know what to expect.

Q&A provided by Mineral, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial here. As a UST member, simply log into yourMineralportal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

One of the biggest challenges nonprofits are faced with is the “great resignation” sparked by the pandemic—where employees are burnt out and pursuing new jobs that better align with their evolving priorities. In order to stay competitive in today’s job market, nonprofit leaders must reinvent their recruitment tactics, work-life balance initiatives and employee engagement strategies.

Don’t miss your chance to download a free copy of UST’s latest eBook, Workforce Management Tactics that Strengthen Nonprofit Brands, to discover 3 key strategies that can help your nonprofit create (and sustain) a resilient workforce.

In this eBook, you’ll discover:

• The importance of refreshing your hiring & onboarding strategies
• Tips for building creative and competitive employee benefit packages
• Innovative processes that help combat preventable terminations

This eBook will help you uncover new strategies that will encourage your current (and future) workforce to carry out your mission for years to come.

Question: Do OSHA’s regulations and standards apply to the home office? Are there any other federal laws employers need to consider when employees work from home?

Answer: The Department of Labor’s Occupational Safety and Health Administration (OSHA) does not have any regulations regarding telework in home offices. The agency issued a directive in February 2000 stating that the agency will not conduct inspections of employees’ home offices, will not hold employers liable for employees’ home offices, and does not expect employers to inspect the home offices of their employees.

If OSHA receives a complaint about a home office, the complainant will be advised of OSHA’s policy. If an employee makes a specific request, OSHA may informally let employers know of complaints about home office conditions but will not follow-up with the employer or employee.

Employers who are required to keep records of work-related injuries and illnesses will continue to be responsible for keeping such records for injuries and illnesses occurring in a home office.

The Fair Labor Standards Act (FLSA) and its implementing regulations do not prevent employers from implementing telework or other flexible work arrangements allowing employees to work from home. Employers would still be required to maintain an accurate record of hours worked for all employees, including those participating in telework or other flexible work arrangements; and to pay no less than the minimum wage for all hours worked and to pay at least one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek to nonexempt employees.

Employers are encouraged to work with their employees to establish hours of work for employees who telework and a mechanism for recording each teleworking employee’s hours of work. Nonexempt employees must receive the required minimum wage and overtime pay free and clear. This means that when a covered employee is required to provide the tools and equipment (e.g., computer, Internet connection, facsimile machine, etc.) needed for telework, the cost of providing the tools and equipment may not reduce the employee’s pay below that required by the FLSA.

Under the Americans with Disabilities Act (ADA), telework could be a reasonable accommodation the employer would need to provide to a qualified individual with a disability, barring any undue hardship. However, an employer may instead offer alternative accommodations as long as they would be effective.

Q&A provided by Mineral, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial here.

Turnover is a natural part of any nonprofit organization’s life cycle, and employee offboarding should be handled with the same degree of importance as onboarding a new employee. An offboarding plan offers an opportunity for communication and manage change, to help preserve and improve your employer brand and to generate good faith with the departing employee. There can be many moving pieces involved with a termed employee and clear offboarding procedures help manage the expectations of all parties involved.

When done correctly, the employee offboarding process can offer key management insights and reveal hidden internal issues. From a management point of view, the focus is to address issues at an organization level. Whereas, employees are faced with small issues that aren’t always noticed by managers or the executive team. Not giving attention and time to these small and recurring issues can lead to larger issues which could then impact the productivity of the organization.

Here are some best practices when creating an efficient and smooth employee offboarding process:

1) Learn why the employee is leaving: Maybe the employee wasn’t a long-term fit for your company culture, perhaps they came across a career-changing opportunity, or they weren’t a fit to handle growth gracefully. Regardless of the reason, organizations need to first understand the reason why an employee wants to leave and have a clear plan in place to handle each type of exit. Having the appropriate policies and procedures in place to handle any and all offboarding reasons are key for orchestrating a smooth departure.

2) Conduct a smooth offboarding: A crucial aspect of a good employee offboarding process is to treat employees warmly, regardless of the reason behind their departure. Creating a positive farewell will encourage employees to speak to others positively about their experience which in turn, increases the organization’s brand value. Taking the opportunity to engage departed employees will help with talent acquisition and managing the reputation of the organization’s brand.

3) Ask for feedback: When an employee leaves, it can be a valuable opportunity to collect insightful turnover data. During the exit interview, the employee can offer honest feedback about the organization since they are no longer reliant on this job for financial means. When an employee expresses their desire to leave, sending them an exit interview survey can help organizations uncover areas of opportunities that need to be addressed to improve employee engagement and productivity.  

4) Avoid decreases in productivity: When an employee departs, day-to-day activities overseen by this employee will be interrupted or possibly put on pause—resulting in a decrease in productivity. Cross training with current employees can prevent a dip in productivity, such as, transferring process knowledge, document procedures and responsibilities, and login credentials for business tools.

Depending on the reason for the employee’s departure, exit interviews are an opportunity to collect important insights to improve your current offboarding strategy. The complexities involved in offboarding make saying “goodbye” to employees a challenging task—which is why consistency is the key to a successful exit interview. With the right tools in place, organizations have the ability to standardize the complexities involved in employee offboarding and help you part ways in the most efficient way.

Question: As we begin to return to work, if an employee is out of the office due to sickness, can we ask them about their symptoms?

Answer:Yes, but there’s a right way to do it and a wrong way to do it. In non-pandemic circumstances, employers shouldn’t ask about an employee’s symptoms, as that could be construed as a disability-related inquiry. Under the circumstances, however — and in line with an employer’s responsibility to provide a safe workplace — it is recommended that employers ask specifically about the symptoms of COVID-19.

Here is a suggested communication: “Thank you for staying home while sick. In the interest of keeping all employees as safe as possible, we’d like to know if you are having any of the symptoms of COVID-19. Are you experiencing a fever, cough, shortness of breath, chills, muscle pain, headache, sore throat, or a new loss of taste or smell?”

Remember that medical information must be kept confidential as required by the Americans with Disabilities Act (ADA). If the employee does reveal that they have symptoms of COVID-19, or has a confirmed case, the CDC recommends informing the employee’s co-workers of their possible exposure to COVID-19 in the workplace (but not naming the employee who has or might have it) and directing them to self-monitor for symptoms. Employers should also follow CDC guidance for cleaning and disinfecting.

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 here.

Recruiting and retaining top performers is crucial to the success of any nonprofit and when done right, reaps the best reward—employees that support and strengthen your mission-driven work. To help nonprofit employers strengthen their recruiting and retention practices—while focusing on the employee’s entire journey with the organization—we created the 2021 Recruitment and Retention Toolkit .

This free toolkit includes a recruiting checklist, workplace flexibility fundamentals, interview best practice tips, and more:

1. Recruitment Checklist
2. Recruitment Sources
3. Creating and Managing Job Descriptions
4. Interviewing 101
5. Pre-Employment Inquiry Do’s and Don’ts
6. Essential Employee Training Topics
7. Creative Workplace Benefits
8. Workplace Flexibility Fundamentals
9. Webinar Recording: Enhance Your Nonprofit Brand
10. Webinar Recording: Employee Development and Training

Would you like access to more HR-specific articles, templates and checklists? Sign up for a FREE 60-Day Trial of UST HR Workplace today! You’ll also gain access to live, certified HR consultants, 300+ on-demand training courses, an extensive compliance library, and more.