Dresser & Associates

Do You Even Need a Vacation Policy?

A small but growing number of companies have done away with “fixed-number-of-days” vacation policies, instead giving employees–with the approval of their managers–the freedom to decide when and for how long to take time off. These companies have, in essence, an “unlimited” paid time off (PTO) policy. Of course, this lack of a vacation policy is, in fact, a policy of sorts.

These unlimited policies aren’t common; only one percent of U.S. companies offer them. And the top 10 of Fortune magazine’s top 100 best places to work in 2013 favor traditional or flex-time models. Even some forward-thinking employers like Google don’t have an unlimited policy, instead allowing employees to accrue more vacation days the longer they’re with the company.

Is an unlimited PTO policy something you should consider for your company? This article explores the most commonly cited benefits–and drawbacks–that you should consider as you weigh your decision.

But before you examine all the pros and cons of all-you-can-take vacation packages, take our brief survey and let us know what policy your company has!

Productivity and Morale

One of the primary benefits touted by proponents of unlimited PTO is increased employee efficiency and morale. Halley Bock, CEO of leadership and management consulting firm Fierce, Inc., implemented an unlimited plan in June 2012. Bock says she’s received a wealth of positive feedback from her staff, and believes that the plan has helped boost productivity and her employees’ enthusiasm for their work.

“You can feel it as a sort of buzz around here,” says Bock. “There’s just a lot of energy, because when employees show up here, they are here absolutely because this is where they want to be … and with that comes great energy and focus.”

However, if unlimited PTO is implemented without guardrails, it could potentially be overused. While Bock says Fierce hasn’t had any problems with abuse of the policy since its implementation, there is still the very real possibility that employees might try to take more time off than they should, thus decreasing productivity.

Bock was careful to note that at Fierce, “It’s not a free-for-all. You do still need to obtain approval from your supervisor, and assuming that’s okay and your deliverables are in check, then you are free to go.”

At the other extreme, without a set number of vacation days allotted, some employees might err on the side of caution and take fewer days than they would like for fear of being seen as a “slacker” by their boss or colleagues. If employees don’t take vacation, the purpose of the unlimited policy–to allow staff to de-stress and re-energize when they need it most–is obviated.

For Bart Lorang, the founder and CEO of software vendor FullContact, this was the primary factor when he decided on a more traditional policy of 15 days paid vacation. “I looked at some of the data, and the data’s showing that some of the people actually take less vacation when they have unlimited vacation. So I said, well, that’s not good.” Lorang added, “If you get a number, you will actually use it.”

Recruitment

Attracting top talent has been a chief goal for employers, and generous vacation policies have been particularly prevalent in the highly-competitive tech sector. Companies such as Chegg, Gilt Groupe, TIBCO Software and Zynga offer unlimited vacation benefits to catch the eye of the best candidates.

However, unlimited PTO might not be enough to attract engineers in a field that has begun to offer the policy more frequently. As a consequence, companies like FullContact have had to think even further outside the box.

Lorang contends that the recruiting incentive was a key reason behind FullContact’s paid, paid vacation plan, implemented in July 2012. In this unusual twist of a policy, the company actually pays employees $7,500 for taking a week-long vacation, on top of their salary.

Lorang says when FullContact’s unique policy was implemented, his number of applicants skyrocketed. “We got 4,200 engineering applicants, which is just unheard of. And engineers are really hard to find in tech. So it’s helped, for sure.” He adds, “I think we have a first mover advantage in this.”

On the other hand, while companies may see gains in the quantity of applicants to due to an unlimited PTO policy, Bock says the quality of applicants to Fierce has remained largely the same. “I wouldn’t say it’s improved the level of candidates that we’ve had. I will say we probably get more applicants. Yet we’re still weeding out for very specific skill sets.”

Employee Retention

A liberal or innovative PTO policy cannot only help attract top talent, but also retain it. At FullContact, Lorang says the policy has improved retention–“nobody’s quit,” he notes. However, more data needs to be collected in order to prove a correlation between vacation policies and retention. And there are some kinks.

For established organizations that currently have a seniority-based vacation policy, switching to an unlimited model could be tricky. Some senior employees could view that as a penalty, or a benefit being taken away from them, because they might feel that they had to work for years to “earn” their vacation time but younger or new employees don’t.

Simultaneously, if junior employees don’t need to work up to a certain number of vacation days, they may have less incentive to stay with the company long-term.

Administrative Costs

Unlimited PTO could cut down on HR costs, or at least save your organization time. For Bock, the policy has been a timesaver. “As someone who previously would need to sign off on a lot of time sheets, or engage in a lot of conversations about, ‘Well I traveled on Sunday, can I take a comp day here?’ I am sure I have saved several weeks–no kidding–of time, just not having to engage in that.”

However, in order to circumvent purposeful or unintentional favoritism on the part of supervisors, larger companies would most likely need to train managers on how to communicate the policy to their teams. The cost of training could then offset any savings the HR department had made by avoiding the time-consuming task of tracking time accrued in a fixed-leave policy.

What’s The Verdict?

Obviously, whether the benefits of an unlimited vacation plan outweigh the costs will depend entirely on the specifics of your organization.

But if your company is to reap all the benefits of increased productivity and morale, more effective recruiting and retention, all while saving on administrative costs, there seem to be two core values a company must have: accountability and open communication. If your company is strong in these two areas, unlimited vacation days could save your company both time and money.

As Bock says, “I wouldn’t recommend it carte blanche to every company. Because you do need to have some things in place before you uncork the bottle. You need to have a culture where people understand that it is up to them to achieve their objectives.”

Thumbnail image provided by Moyan Brenn

Contributed by:


Posted in HR Management, Human Resources | Tagged | Leave a comment

Criminal Records & Employment (Part 2): Save Yourself a Legal Battle and Don’t Discriminate!

OfficeIn the previous blog, I spoke about ways that employers can make the entire background checking process easier and less stressful for potential applicants. In this entry, we are going to go over some of the more nitty gritty details about discriminating against an employee based on their criminal history.

Here are some quick stats:

  • Every year more than 700,000 people are released from U.S. prisons looking for work
  • Millions of Americans – one in four adults – have arrest or conviction records that often follow them throughout their lives. (NELP)

With that said, as a Recruiter or HR Manager, the probability of running into a potential hire or employee with a criminal record is very high. It may seem daunting when you consider this, but you need to be careful not to let a candidate’s criminal record wrongly influence your hiring decision or give a candidate reason to file a discrimination claim against your company.

Things to consider when interviewing candidates with criminal records:

  • The fact of an arrest does not establish that criminal conduct has occurred, and an employment exclusion based on an arrest, in itself, that is not related to the job can be considered discrimination.
  • An employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question.
  • An employer should not rely on the conviction record alone when making an employment decision; rather consider the candidate as a whole.

So, what can you do to reduce the likelihood of discrimination? Well, considering that a violation usually occurs when an employer treats criminal history differently for different applicants, based on their race or national origin, a recruiter needs to be mindful in their interactions and hiring decisions with all candidates. Biased comments made by employers that are offensive to a protected group, or statements that reflect negative stereotypes about criminality in reference to a certain group, may be used as evidence that the an employer’s partiality adversly affected the outcome of a hiring decision.

Although criminal records are not protected under Title VII, an employer can be liable in court if a plaintiff can prove that they were treated differently based on their race, religion, or other protected basis. For example, if an Asian American was rejected for employment based on his criminal record, but a White American with a similar criminal record was later hired, the Asian American would have a valid case in court.

Ultimately, it is HR and management’s job to ensure that company-wide anti-discrimination policies are established and maintained; and that those making the hiring decisions are held accountable and above reproach. It can be very difficult to stay on top of new laws as they emerge, and even harder to guarantee that every employee is following the proper processes, but the effort and time spent on compliance will be worth every penny when you avoid costly lawsuits and ugly public disputes.

Additional Guidance can be found here: The Use of Conviction and Arrest Records in Employment Decisions

References:

http://www.nelp.org/site/issues/category/criminal_records_and_employment/

Photo Credit:  freefotouk

NLRB Takes an Aggressive New Stance on At-Will Language

NLRB-LogoEmployee At-Will: A common-law rule that an employment contract of indefinite duration can be terminated by either the employer or the employee at any time for any reason; also known as terminable at will.

Interestingly enough, the U.S. remains the sole major economy to utilize an “at-will” clause in employment agreements, applying to all employees except for those protected by a “good-cause” agreements, or those under contracts for a specified length of time. Recently, the language that advises employees of the nature of their “at-will” employment in both company handbooks, and in the acknowledgements that employees sign, has come under attack by the National Labor Relations Board (“NLRB”) stating that, in some cases, they violate the National Labor Relations Act (“NLRA”).

The major issue arose when, in June 2012, the NLRB stated that, “at-will employment provisions in employee handbooks that prohibit changes in the terms and conditions of employment except in a written document signed by a company executive violate the right of employees to participate in union-organizing activities under Section 7 of the NLRA” (Rougeux para. 4).

The NLRA is allowing employers to use the “at-will” verbiage with some flexibility in employee handbooks and they have backed down from their previously aggressive stance. However, if, “at-will” employment language is present in a company’s handbook, employer’s will want to consider adding a clause stating that the “at-will” disclaimer does not, in any way, intend to limit, or reduce an employee’s right under the NLRA; nor does it prohibit joining a union, selecting union representatives, or discussing terms of employment with co-workers. Lastly, the language of the handbook will violate the NLRA if it leads employees to believe that the above conduct violates the employment contract. Employers are encouraged to seek legal counsel with any further questions.

References:

Cumming, Gregory. 2 November 2012. Erlich Law Office, accessed 4 December 2012.
<http://erlichlawoffice.com/erlich-law-blog/2012/11/2/nlrb-clarifies-uses-of-at-will-employment-terminology-in-employee-handbooks>

5 September 2012 Rougeux & Associates, accessed 4 December 2012.
<http://www.rougeuxpllc.com/employment-law-blog/entry/nlra/nlrb-attacks-at-will-employment-acknowledgements>

Photo Credit: NABETCWA

New FCRA Forms by January 1, 2013

New FCRA Forms 2013Employers will be required to use updated forms as part of their background check process by January 1, 2013, as responsibility for interpreting the federal Fair Credit Reporting Act (FCRA) transfers from the Federal Trade Commission (FTC) to the newly-created Consumer Financial Protection Bureau (CFPB).

The primary change is that consumers should now contact the CFPB to obtain more information about their rights, as opposed to contacting the FTC.

The most noteworthy of these forms for employers is entitled “A Summary of Your Rights Under the Fair Credit Reporting Act.” Employers must provide this Summary of Rights to applicants and employees when they (or their background check company) issue a pre-adverse action letter and in certain other situations.

The second form, “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA,” is a form that consumer reporting and background check agencies must provide to users of their services, such as employers.

Lastly, similar changes were made to the “Notice to Furnishers of Information: Obligations of Furnishers Under the FCRA.” The FCRA requires consumer reporting agencies to provide this notice to providers of information in certain situations such as re-investigations where a consumer has disputed the information.

Why Employers Need to Take Action to Comply with the new FCRA Rule

Due to an employer’s “negligent” or “willful” failure to comply with any of the FCRA’s requirements, they may be subject to lawsuits brought by both applicants and employees. Negligent failure to comply with the requirements can lead to actual damages and attorneys’ fees, while willful failure to comply with requirements can lead to, not only statutory damages ($100-$1,000 per violation), but also to attorneys’ fees, and punitive damages.

It is recommended that employers not wait until the new year to begin using the new FCRA Summary or Rights, but begin to issue them with pre and post adverse action letters as soon as possible before January 1, 2013.

The Consumer Financial Protection Bureau (CFPB) issued corrected model forms on November 14, 2012. Please click here for a link to the corrected forms.

Resources:

  • The three new forms that employers are required to use are available here. (Appendices F, G, and H to 16 CFR part 698).
  • The website for the new Consumer Financial Protection Bureau is available here.
  • To read the full Fair Credit Reporting Act, click here.
  • For more information on what employers need to know when using consumer reports, click here.
  • Visit this link for sample letters and additional information

View the:

References:

Woods, Stephen R. (19 September 2012).“Employers Will Need to Use New FCRA Forms by January .” Retrieved 27 November 2012 from Ogletree Deakins: http://blog.ogletreedeakins.com/employers-will-need-to-use-new-fcra-forms-by-january-1/

Photo Credit: Sonrisa Electrica

Strategic Tuition Assistance

A robust employee training and development program can help a company boost engagement, performance, and retention. While programs vary from one organization to the next, however, their success is largely dependent on business leaders’ ability to manage investments in employee education in a way that maximizes returns–both for the employer and the employee.

One way to accomplish this is by supporting employees’ education and development—and tying personal goals to company goals. In fact, many companies have specific programs that provide assistance for costs for continued education. For these tuition assistance programs (or TAPs) to be successful, though, they must encourage the development of specific skills in your workforce, while empowering employees to pursue their educational goals.

For companies who want to launch a new TAP—or revamp an existing one—it’s hard to know where to begin. To that end, I connected with John Zappa, CEO of EdLink to identify a few key steps to get you started.

1. Identify Goals, Support with Investments
Work with your senior management team to set quantifiable, measurable goals. Address the question of cost early on, using your goals as a guiding compass. The more critical a goal, the larger your investment in a TAP. Alternatively, you can follow industry standards for less-than-critical goals.

You might consider breaking qualifying coursework into groups. Here is an example:

Strategic Tuition Assistance

2. Establish Guidelines, Communicate Expectations and Opportunities
Clear guidelines and qualifications will help to ensure a TAP supports your business goals. As such, they should address what skills are valuable to the employer, and why. Make it easy for employees to understand your business needs and how to make education choices that support those needs. Talk to employees about your tuition program in the onboarding process and periodically hold Q&A sessions to bolster interest and adoption.

3. Balance Guidelines with Flexibility and Opportunity
While guidelines are important, offering employees an opportunity to pursue their personal goals is also important. By being flexible, and offering assistance for four-year degrees, continuous learning, and applied learning coursework, employees can pursue educational goals in whatever time frame suits their needs.

Furthermore, courses unrelated to an employee’s current position shouldn’t be outright excluded. These provide opportunities for employees to acquire new skills and knowledge beyond the boundaries of their current role. This can improve employee satisfaction (which aids in retention) and create more rounded employees.

4. Measure Program Outcomes, Adjust Accordingly
For your program to have the greatest impact (and lasting success), it should be treated as an investment in a larger talent management strategy. To that end, measuring program outcomes — and how they affect other business initiatives — is essential.

Track changes in retention and engagement, and compare data against nonparticipants. And cross reference this data with things like customer satisfaction or changes in sales numbers for hard data on the value of the program.

If the program is driving desired outcomes, consider allocating more resources to allow more employees to participate. If not, survey employees to identify the reasons. Were guidelines and qualifications too rigid? Was course completion an issue? Were work schedules an obstacle?

Effective TAPs are Smart—Not All-Encompassing
Investing in employee education is a great way to foster higher retention rates and improve employee performance, but at the end of the day you’re working with limited resources. Whether you’re creating a new TAP or revamping an old one, remember that an effective plan doesn’t have to be a large plan. It has to be smart. By matching company needs with employee goals, you can encourage workforce learning without a big budget. That beings with business strategy and proactive program management. The rest is up to your employees.

Subscribe

Subscribe via Email

 

 Subscribe via RSS

Search the Blog

Contributors

John Fay - Zaeplex John Fay
Zaeplex
Abby Gustafson - Dresser & Associates Abby Gustafson
Dresser & Associates
Kyle Lagunas - Software Advice Kyle Lagunas
Software Advice
CAASPRE Consulting Paul Marrero
President
CAASPRE Consulting
McMillian and Associates David McMillian
McMillian & Associates, Inc.
CAASPRE Consulting Ed Reiter
CAASPRE Consulting
Kathleen Weiss, Senior Professnional in Human Resources Kathleen Weiss
SWK Technologies, Inc.