Blogs

April 16, 2021

A Workforce Strategy Designed to Help Push Your Nonprofit Forward

In today’s talent-based economy, an organization’s workforce is one of its most important tangible assets. Despite its importance, this asset is often not carefully planned, measured, or optimized. This can mean that many organizations are not sufficiently aware of the current or future workforce gaps that will limit execution of the current business strategy. Yet at the same time, boards of directors, CEOs and chief human resource officers will frequently declare that workforce planning and data-driven decision making is a top priority for their organizations.

While there can be a disconnect in understanding why there is a gap between intent and execution, the most obvious cause is a lack of defining consistent objectives regarding the outputs of workforce planning, and a lack of consistent processes by which organizations conduct workforce planning and future modeling. Organizations need to design an approach that moves workforce planning from only being considered by a small group of those who think about the future of their workforce, to everyone looking at it’s overall operational effectiveness—this is where management is accustomed to spending its time and energy.

When creating a workforce strategy, there are five key workforce areas that are critical to driving successful business outcomes:

1) Defining Business Operations and Direction: The most critical step in strategic workforce planning is alignment—alignment of business strategy, organizational structure, people, and results. Ensure clarity around strategic objectives, then make sure you have a holistic organizational design and talent plan to drive getting the right people with the right skill set into the right role, thus delivering results.

2) Staffing & Talent Goals: Strategic workforce planning is a key component when looking at the overall talent strategy. It begins with understanding where the organization is headed; what are the future organizational capabilities? This helps the organization identify new skills and competencies needed to create learning and developing opportunities. This is turn, helps define the talent acquisition strategy.

3) Training & Innovation: Offering training opportunities is an ideal way to retain your current staff and to bring on new talent. Investing in developing your employee’s skill set, knowledge and experience will go a long way in nurturing an employee’s journey while encouraging innovation within your workforce.

4) Employee Feedback: Taking the time to listen to your employees is key when creating a successful workforce strategy. Not only can showing your workforce that you are really listening to them improve employee engagement levels, but it also can boost workplace morale, job satisfaction rates and overall retention. Taking the employee feedback and applying it to the development of your workforce strategy will result in a more cohesive and successful strategy.

5) Workplace Environment: Factoring in the importance of your organization’s work environment from an overall workforce strategy perspective can enable an uptick in performance by increasing innovation, employee experience and most importantly, productivity.

Workforce planning requires in-depth insight into what a company needs in terms of talent and skills. And breaking it down into these five key areas will allow your organization to develop and sustain high quality workforce planning programs and be rid of the traditional barriers that can restrain effective workforce planning.

April 12, 2021

HR Question: Creating a Dynamic Workforce

Question: We are looking to hire millennials in an effort to create a more dynamic workforce. What are other companies doing in terms of workforce standards, benefits, policies, etc. to attract this age group?

Answer: The first step in attracting the best and brightest candidates of any age, including millennials, is to ensure that your employer brand is compelling. Tell your company's story and show applicants your unique value proposition. Studies show that millennials want to learn about the company's culture prior to applying and expect an application process that is simple and fast. These employees also expect an employment experience that includes opportunities to learn, balance work/personal life and contribute quickly to the business.

Additionally, take an objective look at your workplace policies that may help in attracting and retaining millennials:

  • Learning and development opportunities.
  • Goal-setting and performance processes.
  • Coaching, feedback, and recognition/reward systems (including training company leaders as coaches and mentors).
  • Unlimited PTO policies (draft with legal counsel due to state and municipal laws regarding vacation and sick leave).
  • Flexible work schedules.
  • Telecommuting or off-site work.
  • On-site fitness and other wellness programs.
  • Off-site teambuilding activities.
  • Social media policies (create these with legal counsel to avoid National Labor Relations Act and privacy violations).

Interestingly, according to a recent study entitled “The Millennial Leadership Study,” 91 percent of millennials aspire to be a leader and out of that, 52 percent were women. Almost half of millennials define leadership as “empowering others to succeed,” and when asked what their biggest motivator was to be a leader, 43 percent said “empowering others,” while only 5 percent said money and 1 percent said power. When asked about the type of leader they aspire to be, 63 percent chose “transformational,” which means they seek to challenge and inspire their followers with a sense of purpose and excitement. The study also found that millennials are known to seek companies that offer flexible work schedules and telecommuting, even if they make less money. Finally, the study found that 28 percent of millennials said that work/life balance was their biggest reservation about being a leader.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial here.

March 25, 2021

Employee Onboarding Toolkit

You only get one shot at a first impression... In an effort to help nonprofit leaders strengthen their employee onboarding process—making new hires feel welcome, while also setting them up for future success and engagement—we've compiled our top resources to create the 2021 Employee Onboarding Toolkit.

This free toolkit will provide you with helpful onboarding checklists, a survey template, and a 30-60-90 day plan. Plus, you'll get access to our on-demand webinar, which provides strategies for streamlining your onboarding processes, engaging new employees, and crafting an employee experience that reflects and supports your company culture.

We've put together our Top Employee Onboarding Tools for Nonprofit Leaders:

    1) 30-60-90 Day Onboarding Plan

    2) Employee Onboarding Checklist

    3) New Employee Orientation Checklist

    4) Flyer: 5 Ways to Make New Hires Feel Welcome

    5) 30-Day Employee Onboarding Survey

    6) Performance Appraisal Checklist

    7) Webinar Recording: Nonprofit Virtual Onboarding Strategies

    8) Organizational Chart Template

    9) Employee Handbook Acknowledgement Form

    10) Payroll and Holiday Calendar

Want access to more HR-specific articles, templates and checklists? Sign up for a FREE 60-Day Trial of UST HR Workplace today! You'll also gain access to live HR certified consultants, 300+ on-demand training courses, an extensive compliance library and more.

March 18, 2021

[Webinar Recording] UST Live: Nonprofit Employee Engagement Strategies

In the latest rendition of UST Live we welcomed reputable nonprofit leaders from across the U.S. with expertise in employee engagement best practices. In this session, the panel discussed innovative strategies for keeping their dedicated staff engaged (and productive), while emphasizing work-life balance and creating employee development opportunities.  

Watch now to discover:

  • Common hurdles nonprofits are facing with keeping their staff engaged
  • Ideas on how to reimagine the employee experience
  • Methods for measuring engagement within your workforce
  • Tips for maintaining a focus on developing your talent

Upcoming UST Live Webinars: This webinar series was designed to equip nonprofits with the strategies and resources they need to survive (and thrive) in a constantly evolving environment. Be on the lookout for our next UST Live sessions—scheduled for June, September, and December—where we'll discuss strategies surrounding nonprofit sustainability, HR and compliance and leadership development. 

March 15, 2021

An Overview of the Employee Experience

The employee experience is how employees feel about what they encounter and observe over the course of their employee journey at a nonprofit organization—involving many different interactions and touch points across your organization. When looking at the journey of an employee—from the first day on the job, to the day of their exit interview—take into consideration their needs and how they evolve over time. 

From an HR perspective, viewing the employee experience as a whole can be overwhelming. By identifying the various stages and assigning a point person to each stage of the employee journey can make it easier to adjust or apply new processes.

The employee experience can be broken down into four main stages, each stage identifying a shift in what the employee needs, from the application process to when the employee leaves the organization.

Application Process

Think of applicants as a customer, create a simple and straightforward application process. A complicated, time-consuming process could put you at risk of losing potential candidates due to a rigorous application process. Responding to all candidates, regardless if they make it to the interview stage, should be a part of your process. Unsuccessful candidates may re-apply down the line for a role they’re better suited for or could be a potential customer one day. Treating each applicant with respect goes a long way as this is a representation of your brand.

Onboarding Process

Ensuring that you successfully onboard a new employee is critical. How do you know if your current processes are right for the journey of the employee? Be willing to ask and listen for feedback from the moment an employee joins your team. Utilize technology that makes it easier to collect their views, questions, and feedback through out the employee journey. For instance, onboarding surveys are a great way to collect and act on the feedback provided. With new employees, they can provide a fresh perspective on how your company operates and even offer insight on experiences with previous employers. Taking advantage of the opportunity to listen to employees during this stage, can help prevent minor issues from becoming bigger problems down the line. A smooth onboarding process can result in immediate productivity and long-term sustainability.  

Create a Sense of Belonging

Once an employee is established and has found their footing within their role, they need new challenges to continue their learning and development. These challenges motivate them, creates a boost in both engagement and productivity—a win-win for the employee and the organization. A lack of progression can lead to a decrease in productivity and/or employees looking elsewhere for new employment. It’s also important to gather feedback on a consistent basis, this shows you’re actively listening and taking action on their insight to help develop your staff.

The Departure of the Employee

When an employee decides to leave, it’s important to have an exit strategy in place to create a smooth departure. This is a vital part of the employee journey as the exit interview is an opportunity to gather honest feedback. This insight could help your organization make improvements to increase your employee retention and improve your employer brand.

Nonprofit organizations need to ensure they are focusing on the employee experience—aligning and understanding the stages of the employee journey. Employees can provide different types of feedback, all depending on their stage in the employee experience, so be sure to listen and have the tools in place to gather their feedback. Use their insights to improve how your organization operates, this offers an opportunity to better engage your staff and retain them for a longer duration.

March 05, 2021

15 Tips for Conducting Effective Virtual Performance Reviews

As long as companies are doing business, employee performance and productivity conversations will not go away—regardless of where employees are physically working from. Work has changed dramatically in the last year and so has the performance review. Many nonprofits are still overseeing a remote workforce which means they’ve had to conduct performance reviews remotely as well—one of the more challenging meetings to conduct virtually.

Employees already tend to be nervous when the time comes for evaluation but with a thoughtful approach and the right structure, leaders can make the processes productive (and comfortable). While you may be able to comment on goal achievements, with limited in-person interactions properly evaluating your staff can be challenging and becomes even tougher when you’re delivering feedback while dealing with technical issues, screaming kids, or barking dogs. You want to make sure employees feel at ease by reminding them that it is a two-way conversation simply meant to help recognize accomplishments, identify strengths and weaknesses and to establish future goals. It’s also important to remember that employees have been under extreme and unusual circumstances since the global pandemic presented itself nearly a year ago. By taking into consideration the elements over which your employees had no control and making scoring adjustments, leaders can show both fairness and appreciation for their efforts and dedication to the organization.

Consider these tips when conducting a remote performance review to help make the process more efficient and effective—even in a virtual environment:

  1. Provide feedback beforehand – this allows the employee time to review and process your remarks so they can ask more thoughtful questions during your call.
  2. Connect via video Chat – for these kinds of conversations video is the only way to go. It not only provides the opportunity to personally engage but can also provide further insight into an employee’s reactions.
  3. Be kind and show compassion – bear in mind the vastly different and varying circumstances your employees are operating under and provide a little more compassion, flexibility, and leniency.
  4. Allow for small talk – many people are still craving social interaction so before diving into the performance review itself start off by talking about anything that’s unrelated to work.
  5. Set the tone – performance reviews can be uncomfortable enough when done in-person and maybe even more so virtually. Be open and pay close attention to body language—both yours and theirs.
  6. Use screen sharing
  7. Gather a variety of data - working remote with decreased visibility into everything that might be going on, direct input through self-evaluation and peer feedback can help round out review conversations.
  8. Don’t forget to mention COVID – recognizing your employees’ ability to adapt and overcome obstacles caused by the pandemic are worth mention—they not only had to establish home offices, navigate virtual meetings, and adjust their processes but they also had to overcome the isolation of remote work while finding work-life balance.
  9. Listen carefully and with intent – make sure you pause to give them time to respond or ask questions without interjection and pay special attention to the words they chose to use
  10. Speak compassionately – when discussing areas for improvement keep in mind that everyone is human and susceptible to hurt egos. Offer helpful advice, thoughtful recommendations, and constructive criticism.
  11. Solicit feedback – a great performance review should be a two-way conversation. If you’re dealing with an employee who is uncomfortable being honest ask open-ended questions that encourage a response.
  12. Provide details for any high or low ratings – it’s important for employees to know what they are doing well and the areas where they can improve, and specifics are critical to their success.
  13. Establish attainable goals – employees still need to know they can grow within an organization, even during a pandemic. Create specific goals for career development and provide specific details on how to achieve them.
  14. End on an upbeat note – ending on a positive note is imperative to boosting employee self-esteem, performance, and engagement. Make sure you take the opportunity to recognize and show appreciation for your employees.
  15. Follow up in writing – as soon as possible after the conclusion of your meeting, forward documentation of the call to your employee. A lot can get lost in translation so ensure everyone is on the same page especially when sensitive topics like low scores or salary were involved.

Going forward it can be helpful to implement stronger tracking systems such as utilizing online project management tools like Monday.com or Microsoft Teams and scheduling regular check-in meetings to discuss workload, accomplishments, and frustrations.

Performance reviews give employees the feedback they need to improve job performance while also enabling them to work with their managers on career development plans. When done properly, virtual reviews can be highly beneficial to both the employee and the organization—increasing productivity and engagement.

February 26, 2021

2020 Nonprofit Workforce Trends Infographic

Last year, as employers continued to grapple with the ongoing impact of COVID-19, UST surveyed more than 165 nonprofit employers across the U.S. to uncover the latest sector trends.

UST compiled these critical survey takeaways to create the Nonprofit Workforce Trends Infographic. Download your free copy today to discover what your nonprofit peers had to say about prominent turnover reasons, workforce issues and more.

To receive up-to-date sector insights, how-to-guides and legal updates specific to nonprofits, sign up for our eNews today!

February 18, 2021

4 Ways to Help Build an Inclusive Work Environment

What is inclusion in the workplace? Inclusion is defined as a proactive approach in the recruiting and engaging of people with different perspectives, backgrounds, and demographic identities. Nonprofit leaders see the importance of building a more inclusive workplace as it helps employees feel more comfortable, valued, and productive. Creating a workplace that is welcoming and inclusive, encourages employees to be innovative while also cultivating a culture of accountability.

Having a workplace with a diverse mixture of people who all feel valued within a unified, positive culture can be essential to unlocking an organization’s full potential. Employees have the ability to flourish in a diverse workplace and organizations can benefit from new ideas, new skill sets and employee engagement.

Here’s four strategies to help create and cultivate an inclusive working environment:

1) Applaud Differences Amongst Your Employees: An important way to show employees that you embrace and respect their backgrounds and traditions is to encourage inclusiveness in the workplace. For example, offering a separate space or private room for prayer or meditation. Employees with certain religious backgrounds can use this space to practice daily religious rituals without being disturbed.

2) Train & Support Leadership Team: Leaders play an essential role is encouraging inclusion strategies and efforts. Offering mandatory training and discussion groups to your leadership team is vital as they are acting role models to your employees. These types of trainings can help leaders learn how to better manage a diverse team. Also, it can help leaders become aware of certain biases, teach them how to be an active listener and to actively encourage different viewpoints.

3) Take Time to Listen to Your Employees: To have a better understanding of the needs and wants of your employees, conducting a survey can help highlight where the inclusion and engagement issues currently exist. Taking the time to complete an assessment of an organization’s current demographics and processes can be a great starting point to learn where to apply new strategies that promote inclusiveness.  

4) Create a Productive Meeting Protocol: Meetings should be designed to allow everyone in the meeting to feel comfortable to share ideas and contribute feedback. Consider distributing meeting materials in advance and listing out questions and topics to be discussed during the meeting. For workers in different time zones, consider rotating meeting times. This shows consideration to those employees having to start their workday earlier or later in order to attend the meeting.  

While introducing these strategies may vary from business to business, the most important thing is that every employee is on the path towards a more inclusive work environment. The potential for positive outcomes when striving for inclusion can be significant, often resulting in new ideas, fresh perspectives and helping employees perform at a higher level.

February 05, 2021

HR Question: Hiring People in Different States

Question: We are going to hire remote employees in several different states. What must we consider from a tax and employment law perspective?

Answer: Generally, employers must comply with the labor law of the state in which the employee will be regularly performing services and where wages are paid to that employee. There is a common rule of thumb called “boots on the ground,” which implies the regulations would apply to the state where the employee is physically working, including wage and labor regulations for hours worked and overtime, as well as general fair employment practices, termination/final pay rules, and recordkeeping. From an employee perspective, income tax for the state where the employee works (as well as lives) falls under each individual state as well. Note too, that the state where the employee works is generally where the employer should be paying unemployment insurance tax and workers’ compensation coverage.

We recommend additional research with tax and legal experts when expanding into a new state, even with remote workers. The following information offers more details about unemployment taxes and new hire reporting.

Unemployment Taxes (UI)

In many cases, employers should apply the standards of the state where the employee works and resides (where their “boots” rest). However, an employer could also choose to select the requirements of the most generous state in which the business operates or follow the requirements of a more generous internal policy, and apply those rules consistently across all company locations.

Most states will allow a multistate company to pay UI taxes from one location, though this does still require registering with each state and getting approval.

In most states, UI taxes can be paid for all employees under a Reciprocal Coverage Agreement (RCA) in which UI is paid to only one state (i.e. the company’s headquarters) when an employer has employees in multiple states. It appears approval must be sought by each state for each employee for this to occur; however, it can at least provide the company the avenue of paying the unemployment taxes only from one state for all employees working from home in other states.

New Hire Reporting

An employer with employees in more than one state has two options in fulfilling new-hire reporting requirements. Multistate employers may choose either of the following:

  • Abide by the new-hire reporting program of each state and report newly hired employees to the various states in which employees are working.
  • Select one state where employees are working and report all new hires to that state’s designated new-hire reporting office.

Multistate employers who opt to report to only one state must submit new-hire reports electronically or magnetically. These employers must also notify the federal Department of Health and Human Services as to which state they have designated to receive all their new-hire information. The National Directory of New Hires then maintains a list of multistate employers who have elected to use single-state notification.

When notifying the department, the multistate employer must include all generally required reporting information along with the following:

  • The specific state selected for reporting purposes.
  • Other states in which the company has employees.
  • A corporate contact person.
  • A list of the names, Employer Identification Numbers (EINs), and the states where the employees are located if the company is reporting new hires on behalf of subsidiaries operating under different names and EINs. 

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

January 29, 2021

[Webinar Recording] Virtual Onboarding Strategies for Nonprofit Employers

Nonprofits had to react quickly and adapt their internal processes when the Coronavirus hit last March—one being how they hired and onboarded new employees. The logistics of virtual onboarding may seem daunting but how you welcome a new hire is crucial to the success of both the organization and the employee.

This informative webinar recording provides strategies for streamlining your onboarding processes, engaging new employees and crafting a remote employee experience that reflects and supports your company culture.

Watch now and you’ll learn the following key strategies:

  • The importance of checklists and standardized documents
  • Tips for making new employees feel welcomed
  • The key to training and development
  • And, much more!

You have another opportunity to attend this webinar on February 23rd—be sure to register today to secure your spot! Even if you can't attend the live session, when you register, you'll receive the recording and presentation slides as soon as they become available.

January 21, 2021

Strategies for Onboarding in a Virtual Environment

Virtual work trends were on the rise even before the Coronavirus outbreak last year. Many employers, however, have been reluctant to offer remote work for a number of reasons—technology setup, company culture, employee morale and management structure to name a few. When the pandemic hit last year, employers were forced to shift gears if they wanted to keep their businesses operating and many transitioned their workforce to work from home almost overnight. The unexpected change left organizations without a plan in place and no time to prepare.

As businesses got back on their feet, many were able to start hiring which meant they had to figure out how to onboard new employees in a virtual environment. Onboarding helps your new hire get familiar with your nonprofit and provides the tools and training they need to start working towards making an impact on the company’s mission. The only difference between in-person onboarding and virtual onboarding is that it’s done mainly through video and email—the goal is still the same.

In a normal environment, the process is often long and tedious—more so when done virtually. There is equipment to ship, software to install, documents to be signed, materials to provide, the list goes on and on. Here are some ways to instantly improve your virtual onboarding strategy:

  1. New Hire Paperwork. Consider using an e-signature tool so new employees can view, edit, and sign the various documents necessary to onboard someone such as tax documents, employment contracts, and direct deposit forms.
  2. Work Equipment. Ship any necessary technology (laptop, keyboard, mouse, monitor, headset, etc.) ahead of time to ensure the employee is set up and ready to go on their first day. Make sure to have any company-specific software installed beforehand and provide setup and login instructions at the same time.
  3. The Onboarding Packet. Create a detailed onboarding plan suited for the role that includes: a timeline with specific performance goals for the first 30, 60, or 90 days of employment, a checklist of tasks to be completed such as setting up voice mail and reviewing the company website, a company overview with your vision and mission statements, organizational charts, and details on information technology.
  4. Training and Development. Provide a list of “self-study” tasks that include online assessments, essential articles, training documents, competitors’ information and eLearning opportunities. It’s also beneficial to allow employees to take advantage of a variety of training topics, not just those that are required.
  5. Documentation and Procedures. It’s critical to the success of your new employee to have written documentation of job-specific procedures. This will help eliminate time wasted trying to figure out a process or waiting for someone to assist.
  6. Internal Announcements. Inform your current team of the new hire by sending a new employee announcement and copy the new hire so they can see any welcome messages from the team. This is also a good time to add them to any relevant communication channels such as Microsoft Teams or Slack.
  7. Welcome Package. You have one shot to make a good first impression. Send a Welcome Kit that includes some company swag, a welcome letter, a gift card for coffee and a personal invite to a virtual lunch with the team—this is a great way to get everyone familiar with each other.
  8. Introductions. Schedule some video introductions and have current employees go around and briefly explain what they do. You can also have everyone share a fun fact about themselves or craft a few starter questions to get break the ice. Make sure you include any other leaders the employee might work with so they too can put a face to a name.
  9. A Work Buddy. Working remotely can be isolating, assigning a go-to person who can guide the new team member through their first few weeks or months can help to make the transition easier. A welcome buddy can answer questions, share insights, and provide tips while helping the new hire settle in.
  10. The Social Side of Onboarding. Have your managers come up with creative ways to connect their team. Things such as challenging employees with trivia questions on a business communication platform like Slack, scheduling virtual team building activities or luncheons to celebrate work anniversaries or birthdays can bring the team together on a personal level.

Virtual onboarding might seem daunting challenging at first, but with thoughtful consideration and a solid plan in place, you can create a successful onboarding plan that guarantees a positive outcome for both the organization and the employee.

January 15, 2021

How Remote Working Impacts the Future of Talent Acquisition

While remote work was on the rise even before the COVID-19 pandemic, most employees taking advantage of working from home still had some form of in-person relationship with their employer and fellow teammates. While it is still relatively rare for companies to hire employees to work remote from day one, we can see that this practice is changing. As stay-at-home orders continue in many states, more employers are having to rely on virtual recruitment and finding this will most likely become the new standard for all future recruiting.

From the perspective of talent acquisition and nonprofit business leaders, the most significant challenges being faced by organizations are resulting in changes that will continue after the pandemic. Some of these changes have resulted in unforeseen positive outcomes—creating a whole new outlook on what a day looks like in the office.

Here are four major changes revealed by the global pandemic and the lasting impact they will have on what the future of work looks like:

1) At-Home Working Environment: As organizations adapt to a remote workforce, the more willing they are to make a permanent change going forward. This will have a direct impact on the need for office space; many organizations are already considering downsizing the amount of office space needed, in turn saving money on overhead costs. Organizations should have a thoughtful plan in place prior to making their operation fully remote. By sharing remote working policies with staff and providing additional training to managers overseeing a remote team, you’ll ensure a much smoother transition.

2) Recruiting Becomes Virtual: As we’ve seen in recent months, talent acquisition teams have incorporated new recruitment practices—ranging from interviewing candidates over video, to giving job offers without meeting a candidate in person. Virtual recruiting has proven to have such success it will most likely carry over as a new process post pandemic.

3) Technology is Priority #1: Many organizations have come reliant on advanced technologies to help navigate this new remote working world. Talent acquisition teams have seen how technology has streamlined onboarding processes and how this is the more desired approach by both hiring managers and new employees. While incorporating a more technology-based recruitment system will require more training, it will increase privacy and security. 

4) What Does Success Look Like Now: An organization can’t remain a float without their employees and now, more than ever, it’s important to listen and invest in your employees. This pandemic has forced organizations to make necessary investments in technology to ensure a functional working model. In turn creating significant benefits for both employees and their employers.

Now, the question everyone keeps asking is “what will happen when stay-at-home orders are lifted?” While there’s much talk about “getting back to normal,” some have come to terms with the notion that it isn’t most likely to happen. As organizations’ country-wide learn how to make remote work more functional, the possibilities of being able to leverage a larger pool of candidates, particularly those high-skilled hard-to-fill positions, is likely to become increasingly appealing. Talent acquisition and human resources leaders adapting to virtual interviews, offers and onboarding, has streamlined recruitment processes, while saving money. Nonprofit organizations will be able to use these recent changes to improve future recruiting outcomes.

January 07, 2021

HR Question: Creating a Diverse Workforce

Question: How can we cultivate a diverse workplace?

Answer: A diverse workplace with employees of differing age groups and experience can add to the richness and culture of any workplace. However, “diverse” and “diversity” can mean a host of different things, and unless company leaders agree on what kind of diversity they are seeking, creating cohesive diversity can be tricky. Here are some ideas for best practices to create and maintain a successful and diverse workforce:

  1. Define the term “diversity” in relation to your workforce and company culture. Consider what your definition means and how it relates to obtaining the best and most qualified workers, as well as how this definition of diversity can be linked to business strategies and goals. Reflecting on the background of the workplace, the organizational structure, and where diversity began to productively impact the business provides a good starting point.
  2. Establish a clear and concise diversity strategy where the stakeholders are defined, changes to the current structure are identified along with potential barriers, and how the strategy will be successfully implemented.
  3. Outline processes for implementation. Spell out each step to obtain the goal of diversity, and consider how the steps will be tested and applied, potential employee involvement, how you will measure success (efficiency, benefits, retention), resources you will need, and key performance indicators.
  4. Utilize employee and manager involvement to create and implement the strategies, which will help determine how the diversity has impacted the organization. Clearly outline participation and expectations for both employees and managers, along with training and cooperation at all levels. Each individual should have a sense of accountability in implementing diversity strategies.
  5. Create future goals, analyze results of all diversity efforts, and consider areas for improvement to ensure continued development and consistent successes.

Don’t forget to abide by all applicable local, state, and federal laws in regard to diversity and ensure all workplace policies are applied consistently and without discrimination.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

December 18, 2020

UST's Most Popular 2020 Content

This year, UST has been busy creating a plethora of timely and relevant resources designed specifically to help the nonprofit sector navigate the many unknowns presented by the pandemic. You probably recall seeing some of these resources over the past eight months but... with everything you are dealing with these days, you may have missed something.

Below is a list of our Top 5 Resources from 2020:

  1. COVID-19 Nonprofit Workforce Trends Report
  2. eBook: Strategies to Secure Nonprofit Endurance
  3. 7 Mental Wellness Tips Flyer
  4. COVID-19 Employer Guide
  5. Telecommuting Toolkit

As nonprofit employers and their employees continue to adjust their processes for how they work, UST remains committed to supporting the sector with reliable resources that help manage the day-to-day operational challenges. Interested to see what other content we have? Visit our Content Library today!

December 09, 2020

COVID-19 and Employee Benefits Plans Q&A

The ongoing COVID-19 pandemic has created new and unique challenges for employers and their employees. Group health plans and other employee benefit plans are one area of concern during these times. UST HR Workplace powered by ThinkHR has been on the front lines, supporting employers with HR and Benefits advice and compliance guidance through their online resources and on-demand advisors.

Here are some of the most-frequently asked questions received about COVID-19 and benefit plans:

Do all medical plans cover COVID-19 testing? Yes, the Families First Coronavirus Response Act (FFCRA) requires that all medical plans provide 100% coverage of COVID-19 testing. There are no deductibles, copays, or coinsurance. This federal mandate took effect March 18, 2020 and applies to insurance plans and employer self-funded plans, including grandfathered plans. It does not apply to retiree-only plans.

All testing-related services and services, such as consultative visits to doctors (including telehealth), emergency rooms and urgent care centers that lead to an order for testing, and the administration of tests, are covered. Preauthorization is not required and coverage is not limited to in-network providers.

Is treatment of COVID-19 also covered at 100%? It depends. The FFCRA mandate for 100% coverages applies only to services and supplies related to testing. Once diagnosed, however, coverage for any treatment of COVID-19 will depend on each medical plan’s terms and conditions, including any provisions for deductibles, copays, coinsurance, and use of network providers.

Additionally, insured plans are subject to state laws that may be broader than the new federal mandate. A number of states now require that medical insurers cover COVID-19 treatment at 100% (in addition to testing). Many carriers also have agreed to provide 100% coverage even if not required by law. For details, contact your carrier or check the America’s Health Insurance Plans (AHIP) website for the latest updates.

Is a high deductible health plan (HDHP) that waives the deductible for COVID-19 testing still compatible with a Health Savings Account (HSA)? What about coverage for treatment? HDHP must cover COVID-19 testing at 100% per the FFCRA mandate. HDHPs also may be amended to cover treatment of COVID-19 as a first-dollar benefit without deductibles. On March 11, 2020, the IRS announced that pre-deductible coverage of testing and treatment does not cause the plan to lose its status as an HSA-compatible HDHP and does not interfere with the covered person’s eligibility to make HSA contributions.

Many employees are working from home now instead of coming to the office. Can they continue using their Dependent Care FSAs for childcare expenses? Yes, employees can continue using their Dependent Care FSAs provided that the childcare is required for the employee to be able to work. For instance, employees working full time may need the same childcare whether working from home or the office. If, however, the employee or spouse can care for the child while the employee works, the expenses are not reimbursable.

Can employees change their Dependent Care FSA election due to the COVID-19 issues? The IRS rules for Dependent Care FSAs set forth a list of permissible election changes. (Ref: 26 CFR § 1.125-4.) Assuming the employer includes all IRS-permissible change events in its plan document, employees may start, stop, increase or decrease their Dependent Care FSA contribution on account of specific events. Examples of events that are likely to come up due to COVID-19 issues include:

  • The dependent care center or provider is no longer available;
  • The employee needs childcare because the schools are closed; or
  • The employee’s or spouse’s employment status or work hours are changed.

Can employees change their commuter benefits since they are now working from home? Section 132(f) plan, often called pretax commuter benefits, allow employees to change their election, or start or stop contributing, for any reason. Generally, changes made by the middle of the month take effect the first of the next month, but employees will want to confirm their plan’s procedures with the administrator. Note that there is no use-or-lose provision for commuter benefits, so any unused balance now will be available for the employee’s use when they get back to commuting to work.

Many employees have been put on reduced hours or furloughed. Can the employer continue covering them on the group health plan? Many employers and workers are concerned about maintaining group health coverage when work hours are cut due to the current COVID-19 outbreak. Each employer’s case is different, so we suggest the following steps:

  1. Review the group policy or plan document. If the plan limits eligibility to employees who are regularly scheduled to work 30 hours or more per week and states that coverage ends when the employee ceases to be eligible (unless protected by the FMLA or similar law), then reduced hours or furloughs will cause the employee to lose coverage. Plans must be administered according to their terms, so the employer cannot continue reporting that employee (and dependents) as active on its eligibility file to the carrier.
  1. If the employer wants to continue eligibility for reduced-hours employees or furloughed employees, contact the carrier regarding options to amend the policy. Many carriers are agreeing to changes, and a number of states are requiring carriers to give employers the option of maintaining active coverage for furloughed or reduced-hours employees.
  1. If the plan is self-funded, the employer may amend its plan as long as the plan does not discriminate in favor of highly compensated employees. If the employer has stop-loss insurance, that policy also may need to be amended to ensure its terms are consistent with the underlying self-funded plan.
  1. Is the employer an applicable large employer (ALE) that uses the look-back measurement method to determine eligibility for group health (medical) coverage? If so, employees who are deemed full-time employees for a stability period will not lose eligibility during that stability period even if they are furloughed or their work hours are cut (if they remain employed).
  1. If the employee’s coverage ends, note that loss of coverage due to reduced work hours or furlough is a COBRA qualifying event. The federal COBRA rules apply plans sponsored by employers with 20 or more workers (except certain church plans). Insured plans also may be subject to state insurance continuation laws (often called mini-COBRA).

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial here.

December 02, 2020

[Webinar Recording] Supporting Nonprofit Sustainability During a Crisis

This short 30-minute on-demand webinar features tools and resources that can help nonprofit employers streamline HR processes and stay compliant with state and federal regulations in these trying times. During this interactive session, UST answered questions about the CARES Act and FFCRA as well as shared examples of problems our nonprofit members have faced and overcome.

Watch now to learn about:

  • Efficiently managing unemployment claims, protests, and hearings
  • Updating policies and handbooks to comply with new legislation
  • Enhancing goodwill by utilizing outplacement services

Whether your primary focus is to ensure compliance, better manage unemployment claims, or to simply stay afloat and keep your employees engaged, this on-demand webinar will provide expert insight and invaluable resources for addressing your current needs.     

For additional COVID-19 employer resources and FAQs, please visit our COVID-19 Resource Center.

November 23, 2020

2020 Risk Management Toolkit for Nonprofit Employers

The Coronavirus has presented a whole new set of challenges to the nonprofit sector—one of the most prevalent being the impact of unpredicted unemployment costs. To help nonprofit employers address (and avoid) future UI risks, we've compiled our top resources to create the 2020 Employer Risk Management Toolkit

As nonprofits continue to struggle in the current economic environment, it's more important than ever to recognize and manage unemployment risk. This free toolkit includes unemployment cost management strategies, a UI Integrity infographic, fraud prevention tips, and more:

  1. Understanding Unemployment Insurance
  2. Top Employer UI Cost Management Challenges
  3. Webinar Recording: Supporting Nonprofit Sustainability
  4. UI Integrity Best Practices Infographic
  5. Overview of UI Benefit Changes Under the CARES Act
  6. COVID-19 Employer Tax Credits: The Employee Retention Credit
  7. The Anatomy of Improper UI Payments
  8. Addressing Unemployment Fraud in the Workplace
  9. State-by-State Unemployment Insurance Reference Guide

Want access to more nonprofit-specific tips, toolkits and webinars? Sign up for our nonprofit eNewsletter today!

November 20, 2020

[Webinar Recording] UST Live: Recruiting During a Pandemic

In our third and final UST Live webinar, we welcomed three human resource leaders from across the U.S. with expertise in recruitment best practices to discuss innovative strategies for interviewing and hiring best-fit job candidates, while showcasing brand and culture, in the age of the Coronavirus. You'll also learn about the latest recruiting tools that your HR peers have leveraged during the pandemic.

Watch now to discover:

  • How to streamline hiring processes and attract the right candidates
  • Tactics for illustrating a positive employer brand and workplace culture
  • Ideas to maintain an effective interview process with in-person limitations

As nonprofit employers and their employees continue to navigate the many unknowns of the Coronavirus—and its impact on future business—UST remains committed to supporting the sector with reliable and timely content for managing the day-to-day challenges of COVID-19.

November 10, 2020

HR Question: Asking Employees About Their Symptoms

Question: As we begin to return to work, if an employee is out of the office due to sickness, can we ask them about their symptoms?

Answer: Yes, but there’s a right way to do it and a wrong way to do it. In non-pandemic circumstances, employers shouldn’t ask about an employee’s symptoms, as that could be construed as a disability-related inquiry. Under the circumstances, however — and in line with an employer’s responsibility to provide a safe workplace — it is recommended that employers ask specifically about the symptoms of COVID-19.

Here is a suggested communication: “Thank you for staying home while sick. In the interest of keeping all employees as safe as possible, we’d like to know if you are having any of the symptoms of COVID-19. Are you experiencing a fever, cough, shortness of breath, chills, muscle pain, headache, sore throat, or a new loss of taste or smell?”

Remember that medical information must be kept confidential as required by the Americans with Disabilities Act (ADA). If the employee does reveal that they have symptoms of COVID-19, or has a confirmed case, the CDC recommends informing the employee’s co-workers of their possible exposure to COVID-19 in the workplace (but not naming the employee who has or might have it) and directing them to self-monitor for symptoms. Employers should also follow CDC guidance for cleaning and disinfecting.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial here.

November 04, 2020

2020 Virtual Event Best Practice Tips

As we continue social-distancing—heavily relying on virtual resources—large-scale events have taken on a whole new look and feel. With 2021 right around the corner, NOW is the time to map out what your nonprofit's event strategy will look like in the new year and beyond.

While the idea of hosting a virtual event might seem overwhelming, with thoughtful planning and the right support, achieving exceptional results is possible. Virtual events offer the best combination of brand exposure and the digital engagement people crave. Whether your event is large or small, one day or one week, we've compiled some of the top Virtual Event Best Practice Tips to help you navigate the many considerations involved in planning (and executing) a successful virtual event. 

Want access to more nonprofit-specific tips, toolkits and webinars? Sign up for our nonprofit eNewsletter today!

October 29, 2020

COVID-19 Nonprofit Story: DARTS

UST’s new blog series, “COVID-19 Nonprofit Stories,” illustrates how nonprofits and their employees have been coping with the unexpected challenges of the Coronavirus. Each blog spotlights one organization and the personal hurdles and workforce strategies they have encountered throughout this pandemic.

Our next story comes from another dedicated UST member—DARTS. Located in Minneapolis, DARTS provides personalized professional services to the aging demographic in the local Dakota County. By providing transportation and home services to their aging community, DARTS helps participants to lead more independent and fulfilling lives. Their services include such things as light housework, outdoor chores, home repair, caregiving resources, transportation and more.

Q: In general, how has your nonprofit been impacted by COVID-19?

A: DARTS provides services to help older adults stay engaged in the community and live in home of their choice. COVID-19 has caused older adults to isolate themselves and their caregivers are either isolated from their loved one or unable to have respite from them. The need for our services grew and we had to rapidly adapt to be able to provide them safely.

Q: What was the most immediate impact your organization faced during the onset of COVID-19?

A: DARTS provides bus rides for groups of older adults, as well as individuals. The group rides stopped immediately on March 13. We took our bus capacity to help fill a need that older adults were not able or willing to go out to food shelves to get groceries by partnering with area food shelves to help deliver those food supports.

Q: What do you see as the long-term impact COVID-19 will have on your organization?

A: How we gather as older adults will be affected for months to come and so we are becoming more nimble with technology to supplement in-person meetings and group gatherings. COVID-19 will help those with means to rely more on technology and it will make the gap larger between those who have resources and those who do not.

Q: How have you addressed employee mental health and wellness during this time?

A: We added intentional time during team meetings to talk about COVID related stress and social justice issues. We hold regular optional coffee breaks so that people can still connect, leaders are proactively reaching out to their team, we are allowing flexibility for those who can to work from home and we got brightly colored DARTS shirts for employees - a cheerful reminder as to how important they are to our community."

Keep an eye out for future renditions of “COVID-19 Nonprofit Stories,” as we continue to gather insight from the nonprofit sector. In the meantime, check out our COVID-19 Resource Center for more nonprofit-specific content—including unemployment insights, workforce trends, employee wellness tips, COVID-19 FAQs and more!

October 23, 2020

2020 Employee Engagement Toolkit

As the pandemic continues to impact the way we work—with no end date in sight—many employees are left feeling disengaged and unmotivated. To help nonprofit leaders rethink (and prioritize) the employee experience, we've compiled our top resources to create the 2020 Employee Engagement Toolkit

Now more than ever, it's critical that you foster a positive work culture where employees feel valued, involved and supported. This free toolkit includes a helpful checklist, a survey template, best practice tips and more:

  1. Employee Engagement Survey Template
  2. Employee Engagement Checklist for Leaders
  3. 6 Employee Engagement Best Practice Tips
  4. 5 Creative Ways to Celebrate Your Team
  5. Back-to-School FAQs: DOL Guidance on FFCRA Leave for Employees
  6. 7 Tips to Help Keep Your Nonprofit Employees Mentally Sound
  7. Blog: 5 Ways to Offer Your Support During a Time of Crisis
  8. Webinar Recording: Employee Engagement & Mental Wellness Strategies During COVID-19

Would you like access to more HR-specific articles, templates and checklists? Sign up for a free 60-day Trial of UST HR Workplace today! You'll also gain access to live, certified HR consultants, 300+ on-demand training courses, an extensive compliance library and more.

October 15, 2020

[Webinar Recording] UST Live: Developing a Sustainable Strategy for 2021

 

UST's latest interactive webinar series, "UST Live," brings the collective expertise of reputable nonprofit leaders to you—live—in virtual panel discussions.

In our second UST Live webinar, the panel discussed new (and successful) strategies nonprofit leaders have implemented since COVID-19 began, as well as common hurdles nonprofits are facing with future strategy development. Plus, get YOUR questions answered first-hand by your nonprofit peers—who have tremendous experience in strategic thinking and organizational sustainability best practices.

Watch now to discover:

  • Common hurdles nonprofit leaders encountered (and overcame) during COVID-19
  • Tactics utilized for refining existing strategies and developing new ones altogether
  • Successful operational strategies that were implemented after the pandemic began
  • Ideas on how to develop sustainable strategies for 2021

Upcoming UST Live Webinars: In our final session for 2020—scheduled for November 19th—we'll discuss innovative recruitment best practices that can help nonprofits attract quality job candidates during (and after) a pandemic.

October 08, 2020

HR Question: Reducing Pay Due to COVID-19

Question: Can we reduce pay because of an economic slowdown due to COVID-19?

Answer: You can reduce an employee’s rate of pay based on business or economic slowdown, provided that this is not done retroactively. For instance, if you give employees notice that their pay will change on the 10th, and your payroll period runs from the 1st through the 15th, make sure that their next check still reflects the higher rate of pay for the first 9 days of the payroll period.

Nonexempt employees (those entitled to overtime) - A nonexempt employee’s new rate of pay must still meet the applicable federal, state, or local minimum wage. Employees must be given notice of the change to their rate of pay, and some states require advance notice.

Exempt employees (those not entitled to overtime) - An exempt employee’s new salary must still be at or above the federal or state minimum for exempt employees. The federal minimum salary is $684 per week. Several states have weekly minimums that are higher than that (California and New York, for instance, are in the $1,000 per week range). The minimum may not be prorated based on hours worked.

Exempt employee reclassification - If an exempt employee has so little work to do that it does not make sense to pay them the federal or state minimum (or you simply cannot afford to), they can be reclassified as nonexempt and be paid by the hour instead. This must not be done on a very short-term basis. Although there are no hard and fast rules about how long you can reclassify someone, it is recommended that you don’t change their classification unless you expect the slowdown to last for more than three weeks. Changing them back and forth frequently could cause you to lose their exemption retroactively and potentially owe years of overtime.

Employees with contracts or CBAs - If employees have employment contracts or are subject to collective-bargaining agreements (CBAs), you should consult with an attorney before making any changes to pay.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

September 30, 2020

COVID-19 Nonprofit Story: National Organization for Rare Disorders (NORD)

As nonprofit employers continue to navigate the uncertainty of COVID-19, UST decided to compile a blog series that illustrates how nonprofits and their employees have been coping with the unexpected challenges of the Coronavirus. Each blog will spotlight one organization and the personal hurdles and workforce strategies they have encountered throughout this pandemic.

Our first story comes from one of our dedicated UST members, the National Organization for Rare Disorders, Inc. (NORD). Located on the East coast, NORD is very near the epicenter of where the Coronavirus transmission began. A patient advocacy organization, NORD is dedicated to helping individuals with rare diseases and the organizations that serve them through programs of education, advocacy, research and patient services.

Q: In general, how has your nonprofit been impacted by COVID-19?

A: We moved to having all staff working from home. Since two of our organization’s offices are located in Southern New England and the third is in Washington D.C., and these were the areas of the country that were first impacted, the states and locations where we are located basically closed businesses—and offices we were forced to work from home.

Q: What was the most immediate impact your organization faced during the onset of COVID-19?

A: We were required to purchase laptops and other electronic equipment for some of our staff so they could work from home. We also had to change various events from being in person to being remote/virtual.

Q: What do you see as the long-term impact COVID-19 will have on your organization?

A: We will probably have staff working either full time from home or have them come into the office less often. As far as events, I think they will eventually be held in person, though I am not certain.

Q: How have you addressed employee mental health and wellness during this time?

A: We have had one virtual all staff meeting, which was well received, plus we send out a newsletter each week which contains information about what the staff members are doing during this "new normal". In addition, we have software which allows the individual staff members to connect via video with each other during the day which allows them to maintain some sense of "normalness."

Keep an eye out for future renditions of the blog series, “COVID-19 Nonprofit Stories,” as we continue to gather insight from the nonprofit sector. Check out our COVID-19 Resource Center for more nonprofit-specific content—including unemployment insights, workforce trends, employee wellness tips, COVID-19 FAQs and more!

September 22, 2020

[Webinar Recording] UST Live: Employee Management Strategies

To help nonprofits combat the most prevalent day-to-day workforce challenges caused by COVID-19, UST has launched a NEW interactive webinar series called "UST Live." We're collaborating with reputable nonprofit leaders & HR experts across the U.S. to bring their collective expertise to you—live—in hour-long, virtual panel discussions.

In our first UST Live webinar, the panel discussed the innovative employee management strategies that are being used for onboarding, training, employee development and employee engagement during these difficult times. Plus, the panel answered attendee’s questions related to HR best practices and employee relations management.

Watch now to discover:

  • Tactics on how to effectively onboard new staff during a pandemic
  • How employee training processes have evolved since the onset of COVID-19
  • Common hurdles nonprofits are facing with prioritizing employee development
  • Ideas on how to keep employees engaged and mentally well

Upcoming UST Live Webinars: This webinar series was designed to equip nonprofits with the strategies and resources they need to survive (and thrive) throughout this pandemic. Be sure to register for our next UST webinars—scheduled for October 15th and November 19th—where we'll discuss how to develop a sustainable strategy for 2021 as well as innovative recruitment best practices.

September 18, 2020

2020 UST Workforce Re-Entry Toolkit

 

As states begin to loosen their social distancing restrictions, nonprofit employers are beginning to strategize a return-to-work plan while staying compliant with state, local and federal guidelines. To equip nonprofit leaders with the resources they need to safely re-enter the workplace, we compiled the 2020 Workforce Re-Entry Toolkit

While the decision to reopen will vary from employer to employer, having a thoughtful strategy in place will help minimize employee concern and solidify any new policies well in advance of re-entry. This free toolkit includes essential checklists, letter templates, sample policies and response plans:

  • Return to Work Employer Checklist
  • COVID-19 Employer FAQs
  • Checklist: Preparing the Workspace for Re-Entry
  • Survey: Employee Readiness to Return to Work
  • Employer Guide: Deciding Who Returns
  • COVID-19 Workplace Safety Policies
  • Families First Coronavirus Response Act (FFCRA) Poster
  • Sample Welcome Back Letter
  • Quick Response Plan for Infected Employees
  • Sample Communication Regarding Infection in the Workplace
  • Webinar Recording: Preparing to Re-Entry to the Workplace

Would you like access to more HR-specific articles, templates and checklists? Sign up for a free 60-day Trial of UST HR Workplace today! You'll also gain access to live, certified HR consultants, 300+ on-demand training courses, and extensive compliance library and more.

September 01, 2020

Back-to-School FAQs About Leave Under the FFCRA

The end of summer traditionally signals the start of a busy period for employers and HR professionals, as they update their policies to reflect regulatory changes, complete their HR initiatives for the year, and start their next-year planning. This fall promises to be especially active given the continuing pandemic and related HR challenges.

The start of the 2020-2021 school year has created confusion and disruption for both employers and their employees. As a result, ThinkHR, powering UST HR Workplace, has been fielding urgent questions about how to handle a variety of situations, including how online vs. in-person school impacts employee leave. Following are some of the most common questions received and their responses.

Q: If children and their parents can choose between in-person schooling or online schooling, can we deny leave to employees who choose online schooling?

A: We don’t know yet. EFMLA can be used when a child’s school or place of care is “closed,” such that the child cannot be there in person. This might suggest that if the option is available to attend in-person, that those choosing online school would not be eligible for leave. However, we expect that many school districts will need a certain percentage of students to take classes online to make in-person school possible at a sufficiently reduced capacity. In effect, these schools will be “closed” to a certain portion of the student body and it may or may not matter whether the parents chose the online option. We expect guidance from the Department of Labor soon that will answer this question definitively.

Q: If kids are going to school in-person two days a week and doing school from home three days a week, do we have to give a parent three days a week off or can we refuse intermittent leave?

A: If you’re in the Southern District of New York, you must grant intermittent EFMLA if that is what an employee needs and asks for. That district includes the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester.

In the rest of the country, the answer is not clear, but we certainly recommend providing intermittent leave (as does the Department of Labor). Employees with children are in desperate need of flexibility and understanding right now and refusing a request for intermittent leave may lead to low morale, low productivity, or the employee quitting.

Keep in mind that not all employees will want a full day off just because a child is doing school from home — many may request an hour or two in the morning and an hour or two in the afternoon. Being open to these kinds of requests should help you maximize productivity (as much as possible under tough circumstances) and reduce turnover.

Q: Can we set up childcare or tutoring in the workplace?

A: While it may be possible (and we applaud the creativity), you’d want to consult with an attorney or someone else in your state that is familiar with the kind of licensing and insurance that would be required to do this. Even if you were only allowing children in the workplace occasionally, and they remained under the control of their parent, you’d want to check with your general liability carrier to make sure that it would cover incidents that involved a visiting child.

Q: Can I deny leave to an employee who has high schoolers who should be able to take care of themselves during the day?

A: No. However, if the child or children are 15 or older, you should require that the employee provide a statement or affirmation that there are special circumstances that cause the older child to need their care. They do not need to provide any further information beyond that statement (such as what the special circumstances are). If you feel it necessary, you can remind all employees that it is fraudulent to take FFCRA leave if they are not unable to work as a result of the care they will be providing. 

Q: Can we require proof that the school or place of care is closed?

A: No. You can and should (for IRS documentation) require the names and ages of the child or children being cared for and the name of the school, place of care, or caregiver that is closed or unavailable due to COVID-19. You should also require a signed statement that the employee is unable to work because they need to provide care for the child or children. Finally, if the child or children are 15 or older, the employee needs to indicate that there are special circumstance (but doesn’t need to explain them).

We don’t encourage independent sleuthing to verify what an employee tells you, but if you feel that’s necessary, be very careful of doing anything that could infringe on an employee’s right to privacy. Also be consistent in verifying this kind of information — if you are only fact-checking certain employees, you’ll open yourself up to complaints of unfair treatment.

Q:  Can I ask an employee to look for different childcare if their usual provider is unavailable?

A: No. An employee is entitled to leave if the child's usual care provider is unavailable due to COVID-19 — they are under no obligation to look for alternatives, and any attempt on your part to require that would be illegal interference with their right to leave.

Q: Can I deny leave if I think or know an employee is lying about the need to care for a child?

A: There is significant risk in denying a request for FFCRA leave if an employee has provided the appropriate documentation. That said, if you believe the request is fraudulent, you should have a discussion with the employee before granting or denying leave. If it turns out that they were submitting a fraudulent request — and you have sufficient evidence to support that — you can take disciplinary action if it seems appropriate. If, after discussion, you think their request is more likely than not legitimate, you should grant it.

Be careful of disciplining an employee who requests leave but doesn’t meet the necessary criteria. These leave entitlements can be confusing, and it would be unlawful retaliation to discipline an employee who was attempting to use their right to leave in good faith.    

Q: If an employee’s stay-at-home spouse is sick with COVID-19 and unable to care for their children, can they take FFCRA leave to do so?

A: Yes, the children’s regular care provider (the stay-at-home spouse) is unavailable because of COVID-19, so the employee would be able to use either EPSL or EFMLA to provide care while their spouse is not able to do so.

Q: What if an employee won’t fill out the required FFCRA documentation?

A: The earliest an employer can require notice is after the first workday of FFCRA leave. (The regulations require employees to provide notice of their need for school closure leave as soon as practicable, but there are no consequences if the employee doesn't do so.) If, after the first workday, the employee does not provide sufficient documentation to support their request for leave, they must be notified of the problem and given an opportunity to provide what is needed. If the employee still does not provide completed documentation after being given a reasonable opportunity to do so, then the employer is not required to provide FFCRA leave.  

Q: Can we terminate an employee who is unable to work because they need to care for a child but have used up their leave under the FFCRA?

A: Assuming that no other leave laws apply, termination is an option. But you may want to instead consider offering the employee an unpaid personal leave of absence or revisiting whether a flexible or part-time work schedule would be better than losing the employee entirely. Recruiting, hiring, and training are all expensive undertakings, so if there’s a way to keep an employee around — even if they need some time off — that is likely better for your bottom line.

If you do decide to terminate an employee who is out of leave, make sure you can be consistent in that response going forward. If you are flexible with some employees while firing others, you will open yourself up to claims of discrimination.   

Q: What if we find out after we’ve granted and paid for an employee’s leave that it was fraudulent? Do we make them pay us back or report them to the IRS?

A: There is not yet clear guidance about how to handle this situation, so we recommend calling your local Wage and Hour Division of the Department of Labor. They are generally very responsive and may be able to provide some guidance based on your situation.

The U.S. Department of Labor will continue to provide compliance assistance to employers and its employees on their responsibilities and rights under the FFCRA. The full 100-question Department of Labor FAQ can be found here.

This Q&A was provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Sign up for your FREE 60-day trialand test drive UST’s online HR platform! You’ll find HR-specific articles, templates and checklists as well as access to a plethora of tools including a live HR consultant, 300+ on-demand training courses and an extensive compliance library.

September 01, 2020

Back-to-School FAQs About Leave Under the FFCRA 2

The end of summer traditionally signals the start of a busy period for employers and HR professionals, as they update their policies to reflect regulatory changes, complete their HR initiatives for the year, and start their next-year planning. This fall promises to be especially active given the continuing pandemic and related HR challenges.

The start of the 2020-2021 school year has created confusion and disruption for both employers and their employees. As a result, ThinkHR, powering UST HR Workplace, has been fielding urgent questions about how to handle a variety of situations, including how online vs. in-person school impacts employee leave. Following are some of the most common questions received and their responses.

Q: If children and their parents can choose between in-person schooling or online schooling, can we deny leave to employees who choose online schooling?

A: We don’t know yet. EFMLA can be used when a child’s school or place of care is “closed,” such that the child cannot be there in person. This might suggest that if the option is available to attend in-person, that those choosing online school would not be eligible for leave. However, we expect that many school districts will need a certain percentage of students to take classes online to make in-person school possible at a sufficiently reduced capacity. In effect, these schools will be “closed” to a certain portion of the student body and it may or may not matter whether the parents chose the online option. We expect guidance from the Department of Labor soon that will answer this question definitively.

Q: If kids are going to school in-person two days a week and doing school from home three days a week, do we have to give a parent three days a week off or can we refuse intermittent leave?

A: If you’re in the Southern District of New York, you must grant intermittent EFMLA if that is what an employee needs and asks for. That district includes the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester.

In the rest of the country, the answer is not clear, but we certainly recommend providing intermittent leave (as does the Department of Labor). Employees with children are in desperate need of flexibility and understanding right now and refusing a request for intermittent leave may lead to low morale, low productivity, or the employee quitting.

Keep in mind that not all employees will want a full day off just because a child is doing school from home — many may request an hour or two in the morning and an hour or two in the afternoon. Being open to these kinds of requests should help you maximize productivity (as much as possible under tough circumstances) and reduce turnover.

Q: Can we set up childcare or tutoring in the workplace?

A: While it may be possible (and we applaud the creativity), you’d want to consult with an attorney or someone else in your state that is familiar with the kind of licensing and insurance that would be required to do this. Even if you were only allowing children in the workplace occasionally, and they remained under the control of their parent, you’d want to check with your general liability carrier to make sure that it would cover incidents that involved a visiting child.

Q: Can I deny leave to an employee who has high schoolers who should be able to take care of themselves during the day?

A: No. However, if the child or children are 15 or older, you should require that the employee provide a statement or affirmation that there are special circumstances that cause the older child to need their care. They do not need to provide any further information beyond that statement (such as what the special circumstances are). If you feel it necessary, you can remind all employees that it is fraudulent to take FFCRA leave if they are not unable to work as a result of the care they will be providing. 

Q: Can we require proof that the school or place of care is closed?

A: No. You can and should (for IRS documentation) require the names and ages of the child or children being cared for and the name of the school, place of care, or caregiver that is closed or unavailable due to COVID-19. You should also require a signed statement that the employee is unable to work because they need to provide care for the child or children. Finally, if the child or children are 15 or older, the employee needs to indicate that there are special circumstance (but doesn’t need to explain them).

We don’t encourage independent sleuthing to verify what an employee tells you, but if you feel that’s necessary, be very careful of doing anything that could infringe on an employee’s right to privacy. Also be consistent in verifying this kind of information — if you are only fact-checking certain employees, you’ll open yourself up to complaints of unfair treatment.

Q:  Can I ask an employee to look for different childcare if their usual provider is unavailable?

A: No. An employee is entitled to leave if the child's usual care provider is unavailable due to COVID-19 — they are under no obligation to look for alternatives, and any attempt on your part to require that would be illegal interference with their right to leave.

Q: Can I deny leave if I think or know an employee is lying about the need to care for a child?

A: There is significant risk in denying a request for FFCRA leave if an employee has provided the appropriate documentation. That said, if you believe the request is fraudulent, you should have a discussion with the employee before granting or denying leave. If it turns out that they were submitting a fraudulent request — and you have sufficient evidence to support that — you can take disciplinary action if it seems appropriate. If, after discussion, you think their request is more likely than not legitimate, you should grant it.

Be careful of disciplining an employee who requests leave but doesn’t meet the necessary criteria. These leave entitlements can be confusing, and it would be unlawful retaliation to discipline an employee who was attempting to use their right to leave in good faith.    

Q: If an employee’s stay-at-home spouse is sick with COVID-19 and unable to care for their children, can they take FFCRA leave to do so?

A: Yes, the children’s regular care provider (the stay-at-home spouse) is unavailable because of COVID-19, so the employee would be able to use either EPSL or EFMLA to provide care while their spouse is not able to do so.

Q: What if an employee won’t fill out the required FFCRA documentation?

A: The earliest an employer can require notice is after the first workday of FFCRA leave. (The regulations require employees to provide notice of their need for school closure leave as soon as practicable, but there are no consequences if the employee doesn't do so.) If, after the first workday, the employee does not provide sufficient documentation to support their request for leave, they must be notified of the problem and given an opportunity to provide what is needed. If the employee still does not provide completed documentation after being given a reasonable opportunity to do so, then the employer is not required to provide FFCRA leave.  

Q: Can we terminate an employee who is unable to work because they need to care for a child but have used up their leave under the FFCRA?

A: Assuming that no other leave laws apply, termination is an option. But you may want to instead consider offering the employee an unpaid personal leave of absence or revisiting whether a flexible or part-time work schedule would be better than losing the employee entirely. Recruiting, hiring, and training are all expensive undertakings, so if there’s a way to keep an employee around — even if they need some time off — that is likely better for your bottom line.

If you do decide to terminate an employee who is out of leave, make sure you can be consistent in that response going forward. If you are flexible with some employees while firing others, you will open yourself up to claims of discrimination.   

Q: What if we find out after we’ve granted and paid for an employee’s leave that it was fraudulent? Do we make them pay us back or report them to the IRS?

A: There is not yet clear guidance about how to handle this situation, so we recommend calling your local Wage and Hour Division of the Department of Labor. They are generally very responsive and may be able to provide some guidance based on your situation.

The U.S. Department of Labor will continue to provide compliance assistance to employers and its employees on their responsibilities and rights under the FFCRA. The full 100-question Department of Labor FAQ can be found here.

This Q&A was provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Sign up for your FREE 60-day trialand test drive UST’s online HR platform! You’ll find HR-specific articles, templates and checklists as well as access to a plethora of tools including a live HR consultant, 300+ on-demand training courses and an extensive compliance library.

August 28, 2020

Help Your Employees Better Manage Stress

As we continue working from home—isolated from loved ones, juggling work/life balance and trying to make sense of this seemingly never-ending pandemic—stress levels are at an all-time high. So it's more important than ever to ensure the well-being of your workforce.

The harmful side effects of long-term stress can lead to increased absenteeism, poor work quality and decreased morale. Taking the time to show you care about your employees' mental health, by developing activities and resources that help alleviate stress, can create a sustainable, positive workplace.

Without effective mental health resources in place, it could cost your organization its best employees. Uncover 7 Tips to Keep Your Nonprofit Employees Mentally Sound to help foster an engaged workforce during these uncertain times.

 

Would you like access to more HR-specific articles, templates and checklists? Sign up for a FREE 60-Day UST HR Workplace Trial today! (Use priority code "2020HR-Content" to expedite your request).