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July,
2010 |
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Hello
to all . . How
is your summer so far? We certainly hope
that you've had some down time and are getting
rested and rejuvenated. It's speeding by
far too quickly, as it always does!
MJMS continues to be quite busy.
We're pleased to be announcing a new program
that will be launching on September 8th.
Scroll down
for all the details!
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Leadership
Power Groups
A Community of Practice for Emerging
Leaders
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Our
feature article is about your employee
handbooks. A recent ruling in Utah brings to our
attention how important it is to review your
disclaimers and make sure you are protected from
any loopholes within your handbook.
Also this month, is a new addition - please
enjoy our Tip For Today along with our monthly
quiz of course ... "How well do you know the
terms of FMLA leave?"
Here's is a listing with links to each
article: |
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MJMS
Announces New Program! |
MJMS is pleased to announce a new program that launches on September 8, 2010 in Phoenix.
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Are you prepared to play by the new rules in running a successful business in 2010 and beyond?
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Do you know how to manage your people more wisely, serve customers more effectively, and improve processes to fit the new reality?
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Do you want down-to-earth, immediate action steps to move your mid-sized business forward?
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You know the rules for doing
business have changed and they aren’t going back to
“business as usual.” Where do you find the tools,
processes and passion to survive and thrive for years to
come? Our Leadership Power Groups will help you find the
answers. In 10 sessions over a period of less than 1
year, we will explore, examine and adapt to this new way
of doing business.
I was reading a recent newsletter from an HR colleague, Marnie Green (www.managementeducationgroup.com)
and was struck at how well her words described the
philosophy behind Leadership Power Groups. Here’s
what Marnie said:
“Personally and professionally
many of us have been content with the status
quo. And it's worked for us. I know you are
saying, "Hey wait! I'm innovative!"
and you probably are in many ways. Still, we are
now presented with opportunities to reinvent our
world like never before.
The current economic recession has lead us all
to reassess what "reality" really is.
On an organizational level it may mean fewer
customers served or reduced revenue. On a public
level it may mean fewer services or reduced
service hours to citizens. On a family level it
may mean fewer meals eaten out or staycations
instead of vacations for awhile. On a personal
level it may mean giving up the gym membership
in return for at-home workouts or fewer
Starbucks visits.
The "way it used to be" will never be
again. I'm confident that our future will be
brighter and stronger than ever before. I'm
excited about the possibilities of a new
"reality" that is massively improved
over our world today. To get there, we have to
be willing to give up our "reality" in
favor of a new ideal. We can't think outside the
box anymore. There is no box!
The Eagles, one of my all-time favorite bands,
has a song called, "Get Over It." It
could be the anthem of 2010. We have to reassess
our long-held beliefs and be willing to let go
of "the way it's always been." We have
to be willing to envision a future, be it
professionally or personally, that does not look
like today. I get it. I know it's a scary
proposition. But we have to get over it and get
on with it. And as leaders, our job is to help
others get over it. The future is bright.
Resistance to change comes in many forms:
bargaining, arguing, passive protests. You are
probably seeing these behaviors in your
organizations. For example, the stakeholders in
one of my client organizations are debating how
to maintain current service levels with fewer
resources. All the creativity and
resourcefulness in the world will be necessary
to meet that objective. The reality is that the
ideals of the past are not a reality in our
current environment.” |
Not so amazing that business owners are realizing there
is no “business as usual.”
If you or someone you know is interested in learning how
to thrive in the “New Reality,” go to our website
for more information: www.leadershippowergroups.com
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Tip
For Today!
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"Performance conversations can be uncomfortable for everyone involved. Have the toughest conversation today. The longer you put them off, the harder they become. Build your own confidence by tackling the toughest issues today. The sooner you address a concern, the sooner the employee can begin to make adjustments."
Source: www.managementeducationgroup.com
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And our
quiz
If an employee requests intermittent FMLA leave because of an employee's or covered family member's own serious health condition:
A ) The leave must be medically necessary due to the serious health condition.
B ) If the employer requests, the employee must tell the employer why the intermittent leave schedule is necessary and any schedule for treatment.
C ) The employee and employer must attempt to work out a schedule for leave that meets the employee's needs without unduly disrupting the employer's operations, subject to the approval of the healthcare provider.
D ) All of the above.
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ANSWER
IS FOUND AT THE END OF OUR FEATURE ARTICLE
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Now
on to our feature article ...
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Review
Your Handbook Disclaimers |
Utah Supreme Court Ruling Requires Review of Your Handbooks
A recent ruling by the Utah Supreme Court should cause employers to take another look at their handbooks to ensure that at-will statements and contract disclaimers are broad and effective enough.
The case found here, involved an employer with a handbook that only disclaimed employment contracts involving “salary, salary ranges, movement within salary ranges, or employee benefits.” An employee sued and alleged that there could be a contract for employment conditions not involving “salary, salary ranges, movement within salary ranges, or employee benefits.”
The court agreed and found that an implied contract existed for other items in the handbook, such as the anti-discrimination section. The lesson here is that an employer must be careful that its at will or contract disclaimer language in its handbook is not too narrow in scope.
Here is some sample employee handbook language that might help avoid this problem:
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This Employee Handbook is provided to inform and acquaint employees with “the Company” and with the Company’s policies, procedures, and practices.
The Company may change any of its policies, procedures, benefits or other matters described in this Handbook or elsewhere with or without notice, at the sole option of the Company, without prior consultation with or agreement by any employee.
Neither this Handbook, employment with the Company, nor the maintenance of supervisory or other policies or procedures shall be construed as constituting a promise from or contract of any kind with the Company, either express or implied, regarding any of the matters addressed in any such handbooks or policies.
Although it is intended that the relationship between the Company and its employees will grow and be in the best interests of both the employee and the Company, all employees are employed for an indefinite period in an at-will capacity. This means that both the Company and its employees retain the right to end or terminate the employment relationship at any time, with or without notice, and for any reason or for no reason at all.
No supervisor, manager, or representative of the Company, other than the President, has the authority to enter into any contract or agreement with you of any kind, including but not limited to for employment for any specific duration or to make any commitments contrary to the at-will nature of employment. Only a separate, express written agreement signed by the President of the Company and designated as an employment contract may create any such contract and change the at-will nature of the employment.
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Source: HR Online.com © 2010 HRN Management Group. All Rights Reserved.
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Answers
to the quiz: D All of the
above
Explanation:
Intermittent leave or leave on a reduced leave schedule must be medically necessary due to a serious health condition or a serious injury or illness (for military service member caregiver leave). If the employer requests, an employee must tell the employer why the intermittent/reduced leave schedule is necessary and any schedule for treatment.
The employee and employer must attempt to work out a schedule for leave that meets the employee’s needs without unduly disrupting the employer’s operations, subject to the approval of the healthcare provider. The 2009 FMLA regulations state that employees who take intermittent leave for planned medical treatment have an obligation to make a reasonable effort to schedule such treatment so as to not disrupt unduly the employer’s operations.
An eligible employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child, or after the placement of a healthy child for adoption or foster care only if the employer agrees. (Note, however, that the employer’s agreement is not required for intermittent leave required by the serious health condition of the mother or newborn child).
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Don't Forget To Access Our
WebForms.
Answer All Your Human Resource Needs! Manage Your Day-to-Day Non-Profit or Small Business Organize All Necessary Human Resource Information Promote Legal Compliance Within Your Organization.
Click Here To Know More!
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ABOUT MJMS, INC. |
President and Principal Consultant: Margaret Jacoby, SPHR
Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of erse organizations, including non-profits.
Her work has included:
Conducting H.R. Needs Assessments Drafting employee handbooks and policy manuals Conducting job analysis and developing position descriptions Conducting on-site compliance audits Counseling management on progressive discipline
Drafting and review of employee disciplinary actions Providing mediation in employee/employee conflict
Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment Conducting workshops for business owners on H.R. compliance issues.
Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources
(SPHR) from the HR Certification Institute, Society for Human Resource Management
(SHRM).
Ms. Jacoby’s professional affiliations include: Professionals in Human Resources Association (PIHRA) Society for Human Resource Management (SHRM) National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix California Chamber of Commerce Arizona Small Business Association (ASBA) Long Beach Community Business Network (LBCBN) Institute for Management Consultants
(IMC)
The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. |
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Phone: 480-924-6101 and 310-798-4569
Fax: 408-452-1429
margaret@mjms.net • MJ Management Solutions, Inc.
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