It may sound alarming but it’s reality that almost all employees of a company will, at some point in their career, either be injured or contract an illness of some kind. The way their employer reacts to and handles that leave of absence, as well as their return to work, will speak volumes. Studies have shown that employees feel more valued and want to work harder when they know their leader is in their corner and wants them back as soon as possible.

Establishing a solid, realistic and fair return-to-work program is extremely important for business owners. First and foremost, there are some legal considerations to comply with. The Family and Medical Leave Act (FMLA) as well as the Americans with Disabilities Act (ADA) have guidelines in place to protect employees from losing their job if they are unable to perform, given their disability or injury. These, along with state non-discrimination laws, require that employers provide reasonable accommodations for employees returning to work but unable to perform at the same level they did prior to their injury or illness. Two important things for business owners to consider here are:

1. An employer cannot refuse the employee’s return to work unless they pose as a “direct threat”.
2. The fact that an injury or illness occurred does not necessarily mean they can no longer do their job, assuming they are not a “’direct threat”.

Deeming an employee able to return to work, either in their pre-injury/illness capacity or a different position, may fall on the employer’s own discretion, which can be very difficult. The most commonly advised strategy for business owners in this position is to consult with the physician releasing the employee to work, get legal guidance if it’s questionable, and have a plan in writing that is agreed upon with the employee. The goal is to bring the employee back in to the work force safely and in a way that is productive for themselves, the rest of the team and the company as a whole.
Developing a return-to-work program that will apply to any position is the key here. It will keep things organized, efficient and consistent. Here are a few tips in creating a return-to-work plan:

• Define which employees or positions this program applies to
• Document the job duties of each position in the company
• Reporting process — to whom, frequency of reporting, and if advance notification is needed
• Medical evaluation documentation and use of a medical provider process
• How physical limitations will be assessed for reasonable accommodations
• Process for limited duty or transitional assignments to bring employees back sooner than later
• Consequences if an employee refuses to participate in the return-to-work program

Good and open communication throughout will undoubtedly make this program a success. Don’t forget the details though… it’s more than just checking in:

• Date of injury/initial clinic visit
• Physician status reports and follow-up visits
• Contact between employee and manager or HR (phone calls, emails, etc.)
• Interactive process to determine potential reasonable accommodations
• Written transitional duty offer letter
• Acceptance/refusal of or modified transitional duty agreement

A great way to keep all of this together and organized is in a return-to-work kit or section of your employee handbook. Nothing shows more support from an employer than being there for your team in their time of need and helping them get back on their feet to be an asset to the company.

The Department of Labor recently proposed a new rule that they feel will better classify workers and it is something employers should be paying close attention to.

If this rule were to pass, it would adopt a new “economic reality” test to determine what employees should be considered independent contractors and of course, which ones should not. The plan details that contractors should be in business for themselves rather than having any economic dependency on the employer they are performing work for.

There are two main factors in determining employment status:
• The nature and degree of the employer’s control over work being performed
• The worker’s potential profit and/or loss based on personal investment
If those are in question, there are additional considerations that may play a part such as the amount of skill required or utilized in the work, how permanent or long term the working relationship is, and if the work in question is integrated in a larger unit of production.

The goal of this rule is to provide clarity and consistency to both employers and employees as to who qualifies as an employees under the Fair Labor Standards Act and those, respectfully, that choose to go the entrepreneurial route of being an independent contractor.

This proposal is up for lots of discussion throughout the official comment period but should be finalized by the end of 2020.

It’s almost Election Day in one of the biggest election years of the recent past. More so than ever, people are emotionally charged and the media is explosive about Tuesday, November 3rd, 2020. It’s been a controversial year, to say the least. While this may cause strain or stress for some, you can help alleviate that from your employees by encouraging and accommodating them to vote.

It may come as a surprise but the majority of states in the U.S. require that employees be given time off to vote and often times, that time is paid. Although Florida is not one of them, it may be wise to formulate a policy outlining your offer and expectations for their voting leave time.

Here are some suggestions that may be helpful. If you have employees outside of Florida or are curious what another state’s requirements are, we’d be happy to share.

• Do not schedule any company or departmental meetings on election day
• Work with your management team to cover absences
• Provide a set amount of paid time off (even if not required in your state and even if it’s just one hour)
• Trust your employees and anticipate long lines, it could take longer than you think
• Be flexible and prepared for last minute voting leave requests

Given the current pandemic situation, it’s more important than ever to BE FLEXIBLE. Schedules may not be what they were before and some staff members may still be working from home or juggling children.

The more supportive you are as they try to fulfil their civic duty on top of an already full plate, the more they will see and appreciate the value in being a part of your team and work family. Be sure to communicate this plan with your team so they know their voice matters and you want it to be heard.