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HR Best Practices for the Post-COVID Return to Work

Now that companies have been given the green light to bring employees back into the office, many business owners and leaders are wondering how to do this safely and effectively.

I had the privilege last week to present at a webinar on this topic with the McManis Faulkner employment law team. Here are some tips I shared at that event.

Create a plan. Assemble a cross-functional team who will provide input on business needs to determine when to bring employees back and what that will look like. Survey employees to understand their concerns. Review individual jobs and decide which need to return to the office and which can stay remote. Take into account any out-of-state situations where guidelines may be different.

Be flexible – consider a “soft” re-opening. Some employees are anxious to return to the office. Others are not. Consider opening in phases to allow those with “wait and see” concerns to return at the later date. Also, based on your review of jobs, can you offer a hybrid work situation to those employees whose jobs aren’t required in the office five days a week?

Be compassionate. Over the past year there has been an increase in substance abuse, depression and anxiety. Some employees may still be struggling with fears and the effects of isolation even as they are able to return to work. Offer mental health services and brown bag lunches on mental health topics to help those with concerns.

Create an environment that attracts and retains women. Women were disproportionately impacted by the effects of the COVID pandemic. In fact, nearly 2.2 million women left the workforce entirely due to school closures, caring for a loved one, or the lack of affordable childcare. Consider implementing flexible schedules and parent-friendly policies. Review compensation annually and make adjustments to achieve pay equity. Promote more women to leadership positions at all levels of the company. And when hiring, give credit for activities and leadership roles taken during work gaps (for example, PTA president).

If you have questions or need help putting together your return-to-work plan, please consider Connect to HR’s 3-hour Just in Time Advisory Service. Many of my clients found this service helpful last year as they made the shift to a remote work model or needed to keep their essential business open safely.

With Just in Time Advisory Service, you can access up to 3 hours of “live” HR consulting support from a trusted, senior-level HR consultant by phone, email or in person. Our service is specifically designed for small to medium sized companies:

Owners/CEOs/Nonprofit Leaders
Those running the HR function
People new to HR operations

Whether you need a sounding board to discuss approaches to an employee relations issue, want tips on how to create a workforce plan, or have questions about implementing a social distancing protocol in the office, Connect to HR’s Just in Time Guide is here to help.

You do not have to do it alone!

Contact us today for a FREE 45-minute consultation to see how Just in Time: Your Guide to HR can benefit you. Click the link below to schedule an appointment.

https://calendly.com/michellemendoza-connecttohr/45min

You can reach me directly at michelle@connecttohr.com, and find out more about our services at www.connecttohr.com.

Preparing to Return to the Office

A recent Gartner survey of HR leaders showed that 45% of them expect their workforce to reopen in the third quarter of 2021, while 24% plan to reopen in the fourth quarter.

But while everyone is anxious for things to get “back to normal” the survey indicated that the new normal will be more of a hybrid model, with most employees working remotely at least part of the time. Nearly 32% of respondents said they will let employees work remotely all of the time, while 49% said they would let employees work remotely on certain days.

This hybrid model presents a number of challenges for leaders as they wrestle with how to reconnect their teams, navigate various new rules and regulations, and manage the impact that the past 15 months has had on their people.

To provide some guidance around these challenges, I will be presenting at a webinar with legal experts from McManis Faulkner’s employment team on Wednesday, May 19 at 10:00 am PT.

We’ll be looking at the legal and HR side of returning to work and providing answers to questions such as:

Can I require employees to come back to the office?
What requirements can I put in place regarding vaccines?
How do I keep up with the ever-changing rules and regulations issued by various agencies?
How has the pandemic impacted men and women differently, and what effect will that have on the workplace?

This virtual training is brought to you by McManis Faulkner and the Santa Clara County Bar Association. It qualifies for 1 general MCLE credit from MCLE provider, McManis Faulkner (# 3573). To receive credit, please provide your CA State Bar Number on the registration form. If you have any questions, please contact events@mcmanislaw.com.

I hope to see you there.

Simple and Timely – Keys to More Effective Performance Management

As I wrote in my last article, the traditional annual performance review process is not working. Leaders and employees dread it. And there is little indication that the current model results in improved employee motivation or better business outcomes.

It’s time for a change. It’s time to make performance management a process, not just an event. It’s time to make it simple, timely, and meaningful – for both the employee and the organization.

Here are some examples of alternative approaches to the outdated annual review.

Adobe abolished the annual review several years ago in favor of more regular, informal “check-ins.” Managers and employees meet at the beginning of the year to mutually outline expectations for the year. This clarifies for both the manager and employee what the employee is being held accountable for. Managers have regularly scheduled one-on-ones with employees to provide feedback throughout the year. In addition, employees may also receive feedback from peers and other partners across the company.

Another process – Catalytic Coaching – uses 3 simple forms, 4 types of meetings, quarterly check-ins, and the leader as coach as the basis for leader/employee conversations that:

Identify employee strengths and development areas from both the employee and leader perspectives
Give the employee the opportunity to provide feedback to the leader
Facilitate a discussion of the employee’s career goals
Result in the employee’s personal development plan
Include follow up and coaching from the leader to support implementation of the development plan

A third approach is based on the traffic signal metaphor: stop, start, continue. These are one-to-one conversations or check-ins held throughout the year (or on-the-spot, as appropriate) to determine what the employee should stop doing, start doing or continue doing to improve performance, advance development, achieve career goals, etc.

These are just a few examples of different approaches to performance management. Whatever approach you ultimately decide to use, the following features are key:

Giving regular, timely, specific feedback. If there are performance issues, address those issues “in the moment.”
Recognizing strengths rather than just focusing on weaknesses. Give employees opportunities to build on their strengths and develop in the areas where they are not as strong, relative to the needs of the organization and their own career goals.
Adopting a coaching mindset. Feedback should be a development tool, not a report card. Make the process forward-looking rather than backward looking. Train all managers to be coaches rather than evaluators.
Asking for their feedback. Create an environment where employees seek feedback and view it as a growth opportunity. Do this by setting the example. Ask for their feedback – “What can I do better?” “How can I help you?” – and then act on it, as appropriate.
Having the career conversation. Show interest in your employees and their aspirations by having a career conversation. You may find that they have under-utilized skills or interests that you could leverage elsewhere in the company or call upon for a new project or business opportunity. The career path doesn’t necessarily have to be vertical; especially in smaller companies, providing cross-functional experience can be beneficial to both employees and the organization.

Have you taken a hard look at your performance review process lately? Are you giving your employees feedback only once a year or (worse) not at all?

Employees need to feel challenged and recognized. If you’ve been doing the same old, same old, when it comes to your performance review process, I highly recommend that you consider “disrupting the process” to create a feedback strategy that is simpler, more real time, and more effective.

If you are ready to review and change your performance management process, I’d love to work with you. Please contact me at michelle@connecttohr.com.

Now is the Time to Revamp Your Performance Management Strategy

This is the time of year when many organizations conduct what is often referred to as the “dreaded annual performance review.” For many years, leaders and HR professionals have been talking about revamping the traditional process that only 28% of organizations say “positively impacts business indicators.” (according to a Brandon Hall report)

The COVID-19 pandemic has reignited the need to transform the process. And the trend is pointing toward a more simple, agile, timely and inclusive approach to performance management.

So how do we make the process more valuable to the employee and to the business?

Keep it simple. It’s been a challenging year for everyone. Health concerns. Uncertainty in the economy. Adapting to a new way of working. Juggling pressures at home and at work. The goals set prior to the pandemic may no longer apply. Forget the ranking and rating and lengthy narratives. Have a conversation. What’s going well? What’s not working? What’s needed in terms of additional support, additional training, additional effort?

According to the Brandon Hall report, the top performance management priorities for managers in 2021 are the quality of manager check-ins with employees to provide feedback and coaching and the frequency of those manager check-ins.

Make it timely. Waiting until the annual performance review date to manage performance is a disservice to employees and to the company. Make performance management an ongoing activity. Especially now when so many are working from home, it’s even more important to schedule regular 1:1 meetings to discuss challenges and opportunities. Take a holistic, empathetic approach, recognizing that the current crisis may be impacting performance.

Consider making performance reviews and compensation reviews separate. It may be tempting this year to forgo performance reviews because you are not in a position to adjust compensation. But here’s the thing. Employees want and need to know how they are doing. On a regular basis. And they are more likely to look forward to and engage in those discussions if they are not distracted by thinking about their potential raise. Of course, if you make this change, be sure to communicate it in advance to employees.

Performance management should be a process, not just an annual event. COVID-19 has shown us that businesses and leaders need to be agile, and able to quickly adapt as circumstances change. Transitioning to a performance management process that is simple, timely and consistent is a step in that direction.

Tune in next time when I’ll give some specific examples of simple performance management tools and share why it’s so important to create development plans as part of the process.

Tackle Today’s Challenges with Executive Coaching

In the midst of the COVID-19 pandemic, many leaders are facing significantly more challenges than usual in accomplishing the results they want. Health and safety concerns, adapting to a virtual or reduced workforce, and trying to survive in a slowing economy have strained and stretched leaders to their limits.

Throughout 2020, many managers and leaders reached out to me for 1:1 Executive Coaching. They found that having input and support from someone outside their company gave them a fresh approach and new tools to tackle these challenges.

I launched my Executive Coaching Services in 2018 as part of Connect to HR. Since then, the senior executives and leaders I’ve worked with have come to see me as a trusted, confidential coach and advisor. Over the past two years, I’ve been fortunate to help people through Executive Coaching to become more effective leaders or navigate a significant career change.

My typical Executive Coaching clients are not new executives. They are well established in their careers – CEOs, Presidents of small to mid-size companies and Managing Directors, Senior Directors, VPs, and Executive Directors of nonprofits.

They are facing challenges such as:

A career transition. They want support with finding a new opportunity or moving into a new career field but are uncertain about the steps they need to take to make it happen.

A larger promotion or new role. They’ve been assigned a new role with different or increased responsibilities, but with little or no mentoring. Or they’re a leader who has been promoted but doesn’t have the appropriate soft skills to lead their team during these difficult times.

A restructuring that leaves them with more responsibilities than ever. They are feeling overwhelmed and are not getting much guidance or support.

One lesson from 2020 is that you can’t do it alone. I am opening up a few spots to executives who are ready to get support from a professional who can help them achieve their goals.

If you, or anyone in your network finds themselves in one of the situations above, and could use a safe, confidential place to talk about what’s really going on, and to strategize a solution, please consider me as a resource! The first step is connecting with me for a call. Click the link below to choose a time that works for you:

YES, I’m ready to learn more https://calendly.com/michellemendoza-connecttohr/30-minute-consultation

Stay safe, be well and I look forward to connecting with you soon!

– Michelle Mendoza, SPHR & SHRM -SCP

2021: Looking Back to Move Forward

Happy New Year!

A new year gives us the chance to start fresh. And while 2021 will certainly give us that opportunity in some respects, I think it’s also important to take some time to reflect on lessons learned from 2020, and how we can leverage that knowledge going forward.

We are still in the midst of a global pandemic and although the vaccines give us hope, it’s still essential for each of us to follow mandated health and safety guidelines to protect ourselves and others. Business leaders are responsible for protecting their employees. This means putting practices in place to protect both the physical health and safety of employees as well as their emotional and mental health. For tips on best practices for keeping employees safe and healthy, tune into my podcast with Mary Hiland, PhD, president of Hiland Consulting.

It’s important for leaders to be up to date on any new regulations relative to COVID-19. There are several that went into effect January 1, which I discussed in my blog, New COVID-19 Regulations, last month. Also, check out the Employer Resource Page on our website which has links to a variety of sites that deal specifically with COVID-19 information.

And leaders, remember that it’s also important to take care of yourself. Just like when there’s trouble on a flight, when the oxygen masks drop, put yours on first to be better able to help others with theirs. Check out my blog, Self-Care for Leaders in Uncertain Times, for some tips on caring for your own health and well-being.

Although the election is over, our country remains divided. Unfortunately, this can bubble over into the workplace, impacting teamwork, collaboration, and/or performance. A couple of months ago I attended a roundtable led by my colleague, Susan Nelson, Founder, The Pragmatic Life. Check out my blog, Managing Employee Post-Election Anxiety for some tips I learned on how leaders and organizations can help employees through the post-election transition period.

2020 was a year that took the lid off a number of issues, not the least of which was social injustice and diversity, equity and inclusion (DEI). Many organizations are increasing their efforts to create DEI leadership positions and more focused programs in this area.

To succeed, organizations need to do more than just lip service. They need to go beyond just ticking the EEO boxes in hiring and firing practices. Leaders at every level need to create a culture that considers all activities – communication, recruiting, hiring, promoting, company gatherings, team assignments, terminations, etc. – through a lens of diversity and inclusion. As I said in a previous blog, they need to Walk the Talk.

Connect to HR provides strategic HR advice and executive coaching for leaders of small to mid-size for-profit and nonprofit organizations. Please contact me at michelle@connecttohr.com to schedule a conversation about how we can support you and your organization.

New COVID-19 Regulations

In addition to the new laws I described in my last blog, there are some new regulations related specifically to COVID-19.

Cal-OSHA COVID-19 Reporting Requirements

AB 685, effective January 1, 2021, requires that within one business day of being notified by an employee of potential COVID-19 exposure, an employer must provide written notice to all employees of the following:

Potential exposure
Information regarding all COVID-19 related benefits available under federal, state and local laws
Disinfection and safety plan the employer will implement per CDC guidelines

Employers must maintain records of notifications for at least three years.

Workers Compensation

SB 1159 creates “rebuttable presumption” that, in certain circumstances, illness or death from COVID-19 is work-related. This rebuttable presumption remains in place until January 1, 2023, and applies to all employees who:

Work for a company with five or more employees
Test positive during any COVID-19 outbreak at the place of employment

Workers Compensation now also has a new reporting requirement that employers must report to their Claims Administrator within three days that an employee has tested positive for COVID-19.

An employer may dispute the presumption by providing evidence of measures it took to reduce potential transmission of the disease or the employee’s nonoccupational risks of COVID-19 infection.

Testing and Vaccines

Employers may require, as part of their COVID-19 health and safety protocols, that employees who work onsite be periodically tested for COVID-19, as long as the employer pays for the test and adheres to HIPAA and privacy law.

Employers may not, however, require antibody testing.

As for vaccines, the rules on this are not clear yet, so the best thing to do is consult your legal counsel.

COVID-19 Prevention Plan

As of November 30, 2020 Cal-OSHA has required employers to have a written COVID-19 Prevention Plan. This can be a stand-alone document or integrated into the employer’s Injury and Illness Prevention Program.

The COVID-19 Prevention Plan applies to all employees except: 1) When there is only one employee who does not come in contact with other persons; 2) Employees working from home; 3) Employees already covered by the aerosol transmission standard.

The written COVID-19 Prevention Plan must include the following:

A system for communication
Identification and evaluation of COVID-19 hazards
Investigating and responding to COVID-19 cases in the workplace
Correction of COVID-19 hazards
Training and instruction
Physical distancing
Face coverings
Other engineering controls, administrative controls, and personal protective equipment (PPE)
Reporting, recordkeeping, and access
Exclusion of COVID-19 cases
Return to work criteria

Cal/OSHA has a model COVID-19 Prevention Plan on its website as well as FAQs and other helpful information for employers about COVID-19.

As a reminder, we have an employer resource page that has links to a variety of sites that deal specifically with COVID-19 information. Here’s the link again for your reference Connect to HR Employer Resources.

Also, I spoke to my colleague, Mary Hiland, Ph.D earlier this year on the topic of health and safety in the workplace. Click here for a recap of the interview.

Please reach out if you need help updating your IIPP or have questions about implementing these new regulations.

New Employment Laws for 2021

A new year is just around the corner! No doubt we will all be happy to put 2020 behind us!

As with every new year, there are a number of new employment laws and regulations. This is the first of two articles to inform you about those laws.

Expanded California Family Rights Act (CFRA)

The California Family Rights Act currently requires employers with 50 or more employees to provide eligible employees with 12 weeks of unpaid leave in a 12-month period to 1) recover from a serious health condition; 2) care for a family member with a serious health condition; or 3) bond with their child.

SB 1383 expands CFRA coverage, effective January 1, 2021, as follows:

The law now applies to employers with 5 or more employees
It eliminates the employee count within a 75-mile radius requirement
The definition of covered family members is expanded from child, parent, spouse or domestic partner to include grandparent, grandchild and siblings
“Child” is no longer limited to children under age 18
The leave cap of 12 weeks for new child bonding for two parents employed by the same employer has been eliminated
The key employee exception is now repealed
The law repeals the New Parent Leave Act for employers with 20 to 49 employees because the new CFRA will provide this coverage

A CFRA and Federal Family Medical Leave (FMLA) may run concurrently or separately depending on whether the CFRA leave is covered by FMLA. If it’s not, an eligible employee may take both – 12 weeks for CFRA and an additional 12 weeks for FMLA. Be sure to update your policies to reflect the changes.

Deadline for CA Sexual Harassment Prevention Training

SB 778 extends the deadline for CA anti-harassment training to January 1, 2021 for employers with fewer than 50 workers/contract employees.

All employers must provide two hours of training to supervisors and one hour of training to non-supervisors. Training must be repeated every two years and new employees/supervisors must be trained within their first six months. Other requirements include:

Supervisor training must be “live,” and interactive, e.g., via a webinar, with the opportunity for participants to ask questions, have them answered and seek guidance and assistance. Supervisors are expected to actively participate in the training. Employers must document attendance and keep for two years a copy of the webinar, plus all written materials, responses submitted during the webinar, and all written responses or guidance the training provided during the webinar.

Increased Protections for Employees Who are Victims of Crime or Abuse

AB 2992 expands protections for employees who take time off from work as a result of crime or abuse. Existing law requires that employers with 25 or more employees allow an employee who was the victim of domestic violence, sexual assault and/or stalking to take time off to seek medical attention or related services. The new law expands those protections to include victims of any other crime or abuse that causes physical or mental injury and a threat of physical injury, and any person whose immediate family member is deceased as the direct result of the crime. Under this law, immediate family members are broadly defined to include child, parent, sibling, partner and any other individual whose close association with the employee is the equivalent of a family relationship. Employers are prohibited from discharging or discriminating against employees who take time off for reasons defined in the law. Find more information here.

Unlimited Vacation

With more companies offering employees “unlimited vacation,” it’s important to note some recent case law around the payout of unused vacation upon termination. In McPherson v. EF Intercultural Foundation, multiple former employees sued for failure to pay unused vacation. They had been told by the company that they could take an unspecified amount of time off for vacation, subject to their supervisor’s approval. Because the employer did not have a written policy that clearly defined and communicated the obligations of employee and employer in requesting and approving time off, the Court required that the employer make some payment to the employees for expected vacation that they did not use.

If you offer, or are considering offering unlimited vacation, be sure you have a written policy and that you review it with your legal counsel for compliance. Also, be sure that you administer the policy consistently and you communicate it to your employees. Note that unlimited vacation policies should not apply to non-exempt employees.

EEOC Pay Data Reporting

Although federal EEO reporting has been paused, California passed legislation in September (SB 973) that requires employers with 100 or more employees to report certain pay and other data to the Department of Fair Employment and Housing (DFEH). The first report is due March 31, 2021 and annually thereafter. Find out more about reporting requirements here.

Minimum Pay Changes

Finally, please note these minimum pay rate changes for California employees, all effective January 1, 2021.

Non-exempt minimum wage:

$14/hour for employers with 26 or more employees
$13/hour for employers with 25 or fewer employees

Minimum exempt salary:

$58,240/year for employers with 26 or more employees
$54,080/year for employers with 25 or fewer employees

Computer Software Professionals: $98,907.70 per year ($47.48 per hour)

Minimum wage rates may vary according to the city/county where the employee works. Be sure you are adhering to local requirements.

As always, please reach out to me at michelle@connecttohr.com if you have questions.

In my next article we’ll cover some new laws and regulations specifically related to COVID-19.

Managing Employee Post-Election Anxiety

Adding to the many challenges we’ve experienced so far this year are the prolonged and now disputed election results. The country is clearly divided, and the uncertainty is only increasing our already elevated stress levels.

Sadly, this trickles down to the workplace. Because we are so divided and our environment is so politically charged, conflict and emotions are bound to emerge in the workplace. So, as a leader, how do you help your employees work through it?

I recently attended a roundtable led by my colleague, Susan Nelson, Founder, The Pragmatic Life. One of the topics we discussed was the anxiety coming to the workplace regarding the election results. In addition to leading an enlightening discussion, Susan and her guest, Maureen Berkner Boyt, Founder, Moxie Exchange, shared some tips on how leaders and organizations can help employees through the post-election transition period. Here are some highlights from the roundtable discussion:

Anchor everything to your core values and standards of conduct

Most organizations include “respect” as one of their core values. Remind your employees that demonstrating that value means you respect other people’s opinions even if they differ from your own. It also means that you express your opinions in a respectful manner.

Provide resources to help them work through their emotions.

Offer more productive ways to have discussions, again, tying it back to core values. You will probably not prevent people from talking about politics, but give them tools to dial down their emotions during these conversations. Many companies offer Employee Assistance Programs (EAP). Be sure employees know how to take advantage of this benefit.

Communicate and be present.

Acknowledge that the current situation is unusual and the uncertainty is stressful. Check in on individuals to see how they are doing. Listen, and model the respectful behavior you expect from them.

Remind employees about the importance of maintaining relationships.

We talk a lot about diversity, well, that includes diversity of opinions. Encourage employees to put their relationships with colleagues first, and respect the fact that not everyone is going to agree about everything.

Please don’t hesitate to reach out to me if you need help working through this with your employees.

Self-Care for Leaders in These Uncertain Times

The past 7 months have been difficult for all of us. For leaders, it’s been especially challenging. How do I keep my team motivated and engaged in this environment? Will we be able to keep going? When is this going to end?

How do I lead effectively and model calmness and resilience when I have more questions than answers?

Just like when there’s trouble on a flight, when the oxygen masks drop, put yours on first to be better able to help others with theirs. Here’s how.

Be self-aware. Are you taking care of yourself physically and mentally? Be sure you are getting enough sleep, practicing some form of daily exercise, and eating healthy. Make time to do something that feeds your soul.

Draw boundaries. For many of us, working at home for the past 7 months has erased the line between work and home. As much as possible, have a clear and consistent start and end to your workday. Share the parameters with your team and suggest they do the same.

Vary the medium. Mitigate Zoom fatigue by holding some meetings via conference call (no video!). And take some time to evaluate whether all those Zoom meetings are really necessary. Can the information be shared via email? Can 2 short Zoom meetings be consolidated into one (not-more-than-an-hour) meeting?

Get support. Many of us are working fulltime at home with kids who are also learning at home, or younger kids at home due to childcare constraints. Consider adjusting your schedule, if possible, to relieve some of the burden. Also, some childcare centers are opening back up under strict health and safety protocols, which may be an option.

Seek help. These are troubling times. A pandemic. The related financial impact. Civil unrest. An election. Even the upcoming holidays can be stressful for many, especially since they will probably have to look a bit different this year. Many organizations have an Employee Assistance Program (EAP) that provides counseling.

If you are a leader – or have a leader in your organization – who is struggling in this current challenging environment, you may want to consider one of ConnecttoHR’s Executive Coaching packages. Contact me at michelle@connecttohr.com to learn more.