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Staying On Top Of HR Duties During the Holidays

The holidays can easily distract human resources professionals from staying on top of routine workplace responsibilities, but cutting corners can invite legal and operations headaches.

HR heads need to remain especially diligent about adhering to federal and state employment laws as they contend with intense pressure to hire temporary or seasonal workers for a few weeks. So reports the Society For Human Resource Management (SHRM).

One crucial factor all HR leaders must be cognizant of is that most employment laws impacting full-time, year-round workers also apply to workers hired for just a short time. One exception is the Family and Medical Leave Act.

Employers also should be cautious when asking a recruit if they can work certain days during the holidays since it can make the recruit feel obliged to talk about their religious beliefs, says Stephanie Suarez, an attorney with Mineola, N.Y.-based Meltzer Lippe. Companies could be sued if a candidate is not hired because the person is unable to work a particular day.

"Employers should avoid these discussions whenever possible," Lippe notes.
While an employer may seek to head-off trouble by claiming its business would endure an undue hardship if it allowed an employee time off to attend a religious ceremony, it won't necessarily be easy to dodge potential litigation.

"A mere assumption that many more people with the same religious practices as the individual being accommodated may also seek accommodation is not evidence of undue hardship," the Equal Employment Opportunity Commission notes.

There should be no exception for seasonal workers in term of accommodating anyone with disabilities. And if employers have not learned this yet from the #MeToo movement, they should not give seasonal workers a pass on anti-harassment policies training.

"While this may seem like a significant undertaking, training is mandatory in some states, and failing to train could lead to significant consequences for the employer," says Brendan Sweeney, an attorney with Melville, N.Y.-based Jackson Lewis.

HR staff should also use a first come, first served approach to encourage workers to submit vacation requests well in advance of the holidays to avoid being short-staffed when employees are needed the most, Pat Sweeney, HR manager at Old Colony Hospice and Palliative Care, tells Glassdoor.

"If they know they are going to want to be off over the holidays they know they have to ask for the time off way in advance," Sweeney says. Her firm asks employees to put in requests in September.

Some employers, especially retailers, can put a so-called vacation blackout period in place that prohibits all employees from taking time off, says Samuel Tanios, president and chief executive of Human Elements Consulting, a human resources consulting firm. Employers should give workers notice well in advance of when the blackout period starts.

Companies should also be open to situations where employees are able to be productive working from home or remotely. "In this day and age working from a virtual office anywhere is possible," Old Colony Hospice and Palliative Care's Sweeney says.

Employers and HR should be careful not to favor employees who are requesting time off to spend it with their children during the holidays over those with no children, the AP reports. This could cause a rift with some employees who may feel discriminated against because they are not receiving special treatment.

"It is best not to judge what kind of event is OK--as long as staffers are getting their work done, they should have permission to take part in an extracurricular activity," the AP reports.

Companies that are not rushed during the holidays may face the greatest challenge in keeping their employees focused on work when many would rather shop online or talk about parties. A total ban on online shopping, however, may not be the best course.

"The solution may be to remind staffers that they should wait until break or lunch times to do their ordering," the AP notes.

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