Turnover is a natural part of any nonprofit organization’s life cycle, and employee offboarding should be handled with the same degree of importance as onboarding a new employee. An offboarding plan offers an opportunity for communication and manage change, to help preserve and improve your employer brand and to generate good faith with the departing employee. There can be many moving pieces involved with a termed employee and clear offboarding procedures help manage the expectations of all parties involved.

When done correctly, the employee offboarding process can offer key management insights and reveal hidden internal issues. From a management point of view, the focus is to address issues at an organization level. Whereas, employees are faced with small issues that aren’t always noticed by managers or the executive team. Not giving attention and time to these small and recurring issues can lead to larger issues which could then impact the productivity of the organization.

Here are some best practices when creating an efficient and smooth employee offboarding process:

1) Learn why the employee is leaving: Maybe the employee wasn’t a long-term fit for your company culture, perhaps they came across a career-changing opportunity, or they weren’t a fit to handle growth gracefully. Regardless of the reason, organizations need to first understand the reason why an employee wants to leave and have a clear plan in place to handle each type of exit. Having the appropriate policies and procedures in place to handle any and all offboarding reasons are key for orchestrating a smooth departure.

2) Conduct a smooth offboarding: A crucial aspect of a good employee offboarding process is to treat employees warmly, regardless of the reason behind their departure. Creating a positive farewell will encourage employees to speak to others positively about their experience which in turn, increases the organization’s brand value. Taking the opportunity to engage departed employees will help with talent acquisition and managing the reputation of the organization’s brand.

3) Ask for feedback: When an employee leaves, it can be a valuable opportunity to collect insightful turnover data. During the exit interview, the employee can offer honest feedback about the organization since they are no longer reliant on this job for financial means. When an employee expresses their desire to leave, sending them an exit interview survey can help organizations uncover areas of opportunities that need to be addressed to improve employee engagement and productivity.  

4) Avoid decreases in productivity: When an employee departs, day-to-day activities overseen by this employee will be interrupted or possibly put on pause—resulting in a decrease in productivity. Cross training with current employees can prevent a dip in productivity, such as, transferring process knowledge, document procedures and responsibilities, and login credentials for business tools.

Depending on the reason for the employee’s departure, exit interviews are an opportunity to collect important insights to improve your current offboarding strategy. The complexities involved in offboarding make saying “goodbye” to employees a challenging task—which is why consistency is the key to a successful exit interview. With the right tools in place, organizations have the ability to standardize the complexities involved in employee offboarding and help you part ways in the most efficient way.

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.

Recruiting and retaining top performers is crucial to the success of any nonprofit and when done right, reaps the best reward—employees that support and strengthen your mission-driven work. To help nonprofit employers strengthen their recruiting and retention practices—while focusing on the employee's entire journey with the organization—we created the 2021 Recruitment and Retention Toolkit .

This free toolkit includes a recruiting checklist, workplace flexibility fundamentals, interview best practice tips, and more:

1. Recruitment Checklist
2. Recruitment Sources
3. Creating and Managing Job Descriptions
4. Interviewing 101
5. Pre-Employment Inquiry Do's and Don'ts
6. Essential Employee Training Topics
7. Creative Workplace Benefits
8. Workplace Flexibility Fundamentals
9. Webinar Recording: Enhance Your Nonprofit Brand
10. Webinar Recording: Employee Development and Training

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.

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 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.

People-related risks within an organization can range from bad hires and misconduct to harassment and lack of diversity in the workplace. To help nonprofit employers strengthen their employee risk management practices—and mitigate the risks that can ultimately affect your bottom line—we created the 2021 People Risk Management Toolkit.

This free toolkit includes a performance improvement plan, a risk audit questionnaire, risk management best practice tips and more:

1. Essential People Risk Management Practices
2. People Risk Management Audit Questionnaire
3. The People Risk Management Scorecard
4. The Cost of People Related Risks Tool
5. EEO Self-Identification Form
6. Anti-Harassment Policy Checklist
7. Whitepaper: Emergency Preparedness Plan
8. The Importance of New Hire Assessments
9. Performance Improvement Plan
10. Webinar Recording: Supporting Nonprofit Sustainability During a Crisis

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 and an extensive compliance library.

When looking at the current work environment, we can see that it requires flexibility, being open to new skills and navigating new ways of working. And depending on where your nonprofit organization is in the digital transformation, there may be a lot to do in preparing your employees for the future of work. More and more organizations have been forced to transition from the manual, hands-on legacy systems to using the cloud—moving employees toward a data-driven culture, embracing machine learning and a number of other technologies.

Here are five tips to help guide your nonprofit organization towards a greater digital transformation in an ever-evolving work and business environment:

1) Recruit for the future: At least a portion of your current workforce will have moved on to other employment in the next 5 to 10 years, so think about succession planning now. Knowing the realities of modern business—it pays to think about how you’ll fill certain positions moving forward—you’ll likely want to focus on recruiting employees who have the skill sets that you need for future roles.

2) Offer upskill, re-skilling and transfer skill opportunities: When employees demonstrate strong aptitude and interest in certain technology, it would be smart to encourage and develop that skill set. Along with offering training for all employees, it’s important to consider the employees that have been loyal to your company may need some re-skilling. Also, don’t forget that employees who will be retiring can offer valuable skills to pass on the next generation. While we live in a world where technology is increasingly required for every aspect of work, soft skills like communication, time management and professionalism will always be needed in the workforce.

3) Become more flexible: Technology isn’t just there to draw you closer to your customer, although that’s a big part of why we’ve embraced it. Being open to other ways that technology can allow for a more flexible work environment, including a new concept of the “workplace” itself, can be very beneficial for your workforce. Let your employees know that these benefits are coming due to the latest technology your organization is adopting.

4) Set guidelines: As we develop larger online footprints, creating content and being active on social channels, it’s important to consider and define where your company stands on personal expression and social media. The line between your employee’s online activity and physical world is continuing to blur. A comment left on Twitter could easily get back to your employer and it may not be received well or taken lightly, based on the context. Take time to think about how you encourage personal expression in the digital world and how it could potentially impact your organization’s brand.

5) Prepare a path for employees to follow: Guide your employees, be a leader. Employees may already have reservations or concerns about how new technology could impact their place in the organization. Your employees need your empathy and support—talk to them about changes to come and listen to their concerns. 

While it’s impossible to know every aspect of what the future of work will look like at your organization, the above tips can be helpful in offering guidance on how to prepare your employees for staying skilled and to maintain a productive work environment. Business leaders can take the time to plan for the future in which training and learning will be the focus however, no one knows exactly what the future of the workforce will hold.

Question: An employee has reported that another employee made a racially insensitive comment in the break room in front of several people. What course of action should we take?

Answer:It is your duty as an employer to immediately stop any behavior that could constitute unlawful harassment, bullying, or workplace violence. Begin by investigating the incident and collect statements where applicable. Acting in good faith, and documenting these efforts, may provide the company with protection against complaints from involved employees. Document all conversations that are part of the investigation. If an investigation finds that comments were made that are against company policy, you should discipline that employee in a manner consistent with how you have disciplined other employees for infractions of a similar severity. Often, a written warning is appropriate in a circumstance such as this.

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.

Welcome to the inaugural issue of UST's Quarterly Nonprofit Digest, a bite-sized overview of the employer strategies, sector statistics, and resources that UST shared throughout the most recent months.

This quick 4-step reference guide—highlighting key findings from Q1—will provide you with the innovative employee engagement strategies you (and your staff) need to succeed. In this rendition of the quarterly digest, discover strategies for:

• Streamlining your onboarding processes
• Creatively engaging your dedicated staff
• Crafting a positive, vibrant company culture

You'll also gain access to helpful checklists, survey templates and best practice tips for developing both new and existing employees.

Sign up for UST's eNewsletter to get nonprofit-exclusive content, webinar invitations, and sector insights delivered straight to your inbox.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

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.

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.

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!

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.

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.

UST releases a new eBook, focused on positive brand perception in today’s increasingly competitive job market.

Founded by nonprofits, for nonprofits, UST publishes an eBook that discusses the importance of ensuring you have a solid brand reputation and why. This insightful eBook uncovers strategies that nonprofit employers can utilize to attract employees that fit their organization’s culture, mission, and values—and keep them.

Available now for download, UST’s eBook explores 5 key strategies that can help strengthen your organization's culture through inclusivity, innovation and trust.

You'll also discover:

• Why it's important to evaluate your employer’s brand
• How to increase productivity and improve bandwidth
• Methods to create cultural diversity in the workplace

Don’t miss your opportunity to download your complimentary copy of “A Collective Strength: Strategies to Secure Nonprofit Endurance” to discover how to attract better talent and promote a diverse and inclusive workplace.

Question: Some of our employees have said they don't feel safe returning to work. Can we just permanently replace them?

Answer: We recommend extreme caution when deciding to replace an employee who refuses to work because of concerns about COVID-19. Generally, employees do not have a right to refuse to work based only on a generalized fear of becoming ill if their fear is not based on objective evidence of possible exposure. However, under the current circumstances, where COVID-19 continues to be a threat across the country, we think it would be difficult to show that employees have no reason to fear coming in to work, particularly but not exclusively in a location with a shelter-in-place rule. Returning employees may also have certain rights under state and federal law. Here are few things to keep in mind:

• Recalled employees may have a right to job-protected leave under a city ordinance, state law, or the federal Families First Coronavirus Response Act (FFCRA). See our overview of the FFCRA.
• Employees who are in a high-risk category — either because they are immunocompromised or have an underlying condition that makes them more susceptible to the disease — may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA) or state law if their situation doesn’t qualify them for leave under the FFCRA (or if they have run out of that leave). It would be a reasonable accommodation under the circumstances to allow the employee to work from home or take an unpaid leave, if working from home is not possible.
• Employees who live with someone who is high risk are not entitled to a reasonable accommodation under federal law, but we strongly recommend allowing them to work from home if possible or take an unpaid leave. Otherwise, they may decide to quit and collect unemployment insurance. If you want to keep them as an employee, being compassionate and flexible is your best bet.
• Under Occupational Safety and Health Administration (OSHA) rules, an employee’s refusal to perform a task will be protected if all of the following conditions are met:
  • Where possible, the employee asked the employer to eliminate the danger, and the employer failed to do so;
  • The employee refused to work in “good faith,” which means that the employee must genuinely believe that an imminent danger exists;
  • A reasonable person would agree that there is a real danger of death or serious injury; and
  • There isn’t enough time, because of the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

Check state and local law to see if additional protections may apply.

Instead of replacing employees who express fear at this time, we recommend that you consider methods to encourage employees to come to work and to help put their minds at ease. Consider emphasizing all of the safety methods you have put in place (such as scheduled handwashing, frequent disinfection of surfaces, social distancing rules, reduced customer capacity, staggered shifts, or more extreme measures if warranted by your industry). We recommend relying on the Centers for Disease Control and Prevention (CDC) and local health department guidance for establishing safe working conditions at this time. You might also consider offering premium pay (a.k.a. hazard pay) or additional paid time off for use in the future to employees who must come to work.

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.

As nonprofit organizations prepare to return to business as usual, there are quite a few new safety protocols being put in place to ensure that employees return to a safe work environment. The Center for Disease Control – CDC continues to release updated guidelines for employers to help prevent and slow the spread of COVID-19 in the workplace. When making decisions around business operations, two main components should be factored in: (1) the level of disease transmission in your community and (2) how prepared your business is to protect both your employees and customers.

Employers are encouraged to coordinate with their state and local health officials to acquire timely and accurate information to provide updates to employees as needed. If your nonprofit’s business operations were put on hold, or are gearing up for workforce re-entry, this is an opportunity to update your COVID-19 preparedness, response and control plans.

When making the appropriate updates to your organization’s COVID-19 plans, the following items should be included:

• It must speak specifically to your workplace environment
• It must mention all possible job tasks and areas in the workplace that could lead to possible exposure to COVID-19
• It must include the appropriate measures that will be taken to eliminate or reduce these exposures

Be sure to take the time to communicate with your employees of any changes and ask for their input—their questions and concerns can ensure all your bases are covered when creating the COVID-19 plan for your organization. Educating our employees on the severity of taking the necessary precautions to keep themselves and others safe is vital. To protect themselves while at work and at home, new policies and procedures related to illness, cleaning and disinfecting should be followed.

To ensure a safe workplace environment, employers should advise their employees of the following:

• If an employee is sick, they should stay home except if they are going to a doctor’s appointment to receive medical care
• If an employee’s family member is sick at home, they must alert their supervisor
• Avoid working in other employees’ work spaces and avoid using their office equipment
• Practice social distancing and avoid large gatherings while maintaining a distance of 6 feet
• Wash their hands regularly with soap and water for 20 seconds or use hand sanitizer
• Avoid touching their face with unwashed hands
• Clean and disinfect frequently touched surfaces or objects

While there is much more to learn about the severity and characteristics of this virus, as a nonprofit employer, you can do your part to follow important guidelines to create a safe and healthy working environment for your dedicated employees.

Are you still trying to figure out how to navigate the uncertainty of COVID-19 and its impact on your nonprofit and its employees? When you download UST’s new employer guide, 3 Critical Steps to Maintain a Resilient Nonprofit During COVID-19, you'll discover helpful tips on maintaining your nonprofits operations during the current pandemic and beyond.

This short employer guide shares valuable insights and key strategies for securing your brand during times of crisis, including: 

• Equipping your staff with the tools they need to stay productive at home
• Supporting employee mental health and well-being during a time of uncertainty
• Preparing to re-enter the workplace

This guide will not only enable you to stay on top of strategy development, but also equip you with the tools you need to help your employees feel safe. Download your FREE copy today!

Nonprofit employers have faced unimaginable challenges in the wake of the COVID-19 pandemic. Now, as states start permitting businesses to reopen, nonprofits across the country are trying to figure out what that looks like for them, their employees and the communities they serve.

This informative webinar recording provides helpful tips for preparing to welcome employees back to the office while maintaining compliance with state and federal regulations related to the Coronavirus. Watch now to discover:

• Important workplace health and safety measures
• Ways to return employees to the office in phases
• How to handle common areas in the office
• And more general best practices

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