Your Employee Matters

It takes the EEOC 56 pages to define a “mental disability.” Approximately 58 million Americans, one in four adults, experience a mental health impairment in a given year (National Alliance on Mental Illness, 2007). One in 17 individuals lives with a serious mental health impairment, such as schizophrenia, major depression, or bipolar disorder (National Institute of Mental Health, 2008).

Common mental impairments include:

• • Bipolar disorder, sometimes referred to as manic depression, “is a medical illness that causes extreme shifts in mood, energy, and functioning. Bipolar disorder is a chronic and generally life-long condition with recurring episodes of mania and depression that can last from days to months that often begin in adolescence or early adulthood, and occasionally even in children.” An estimated 10 million American adults have bipolar disorder.

• • Borderline personality disorder (BPD) is “an often misunderstood, serious mental illness characterized by pervasive instability in moods, interpersonal relationships, self image, and behavior. It is a disorder of emotional dysregulation. This instability often disrupts family and work, long-term planning, and the individual’s sense of self-identity.” It’s estimated that 1% to 2% suffer from BPD.

• • Major depression is “persistent and can significantly interfere with an individual’s thoughts, behavior, mood, activity, and physical health. Among all medical illnesses, major depression is the leading cause of disability in the United States and many other developed countries.” There are approximately 15 million American adults with major depression.

• • Obsessive compulsive disorder (OCD) “occurs when an individual experiences obsessions and compulsions for more than an hour each day, in a way that interferes with his or her life.” Estimates indicate that 2% of American adults have OCD.

• • Panic disorder occurs when a person “experiences recurrent panic attacks, at least one of which leads to at least a month of increased anxiety or avoidant behavior. Panic disorder may also be indicated if a person experiences fewer than four panic episodes but has recurrent or constant fears of having another panic attack.” Approximately 2% to 5% of American adults suffer from panic disorder.

• • Post-traumatic stress disorder (PTSD) is “an anxiety disorder that can occur after someone experiences a traumatic event that caused intense fear, helplessness, or horror. While it is common to experience a brief state of anxiety or depression after such occurrences, people with PTSD continually re-experience the traumatic event; avoid individuals, thoughts, or situations associated with the event; and have symptoms of excessive emotions.

    People with this disorder have these symptoms for longer than one month and cannot function as well as they did before the traumatic event. PTSD symptoms usually appear within three months of the traumatic experience; however, they sometimes occur months or even years later.” It’s estimated that 2% to 9% of adult Americans (including 15% to 30% of veterans) have PTSD.

• • Schizophrenia “often interferes with a person’s ability to think clearly; to distinguish reality from fantasy; and to manage emotions, make decisions, and relate to others. Some 2 million American adults are schizophrenic.

• • Seasonal affective disorder (SAD) is “characterized by recurrent episodes of depression — usually in late fall and winter — alternating with periods of normal or high mood the rest of the year.” Note: SAD is not regarded as a separate disorder by the DSM-IV (APA, 1994), but is an added descriptor for the pattern of depressive episodes in patients with major depression or bipolar disorder.

Here’s a quick overview of some job accommodations that might be useful for people with mental health impairments.

Maintaining Stamina During the Workday:

• Provide flexible scheduling
• Allow longer or more frequent work breaks
• Allow employee to work from home during part of the day, or week
• Provide part-time work schedules

Maintaining Concentration:

• Reduce distractions in the work area
• Provide space enclosures or a private office
• Allow for use of white noise or environmental sound machines
• Allow the employee to play soothing music using a portable player and headset
• Increase natural lighting or provide full spectrum lighting
• Plan for uninterrupted work time
• Allow for frequent breaks
• Divide large assignments into smaller tasks and goals
• Restructure job to include only essential functions

Staying Organized and Meeting Deadlines:

• Make daily TO-DO lists and check items off as they are completed
• Use several calendars to mark meetings and deadlines
• Remind employee of important deadlines
• Use electronic organizers
• Divide large assignments into smaller tasks and goals

Dealing with Memory Deficits:

• Allow the employee to tape record meetings
• Provide type written minutes of each meeting
• Provide written instructions
• Allow additional training time
• Provide written checklists

Working Effectively with Supervisors:

• Provide positive praise and reinforcement
• Provide written job instructions
• Develop written work agreements that include the agreed upon accommodations, clear expectations of responsibilities, and the consequences of not meeting performance standards
• Allow for open communication to managers and supervisors
• Establish written long term and short-term goals
• Develop strategies to deal with problems before they arise
• Develop a procedure to evaluate the effectiveness of the accommodation

Interacting with Coworkers:

• Educate all employees on their right to accommodations
• Provide sensitivity training to coworkers and supervisors
• Do not require employees to attend work-related social functions
• Encourage employees to move non work-related conversations out of work areas

Handling Stress and Emotions:

• Provide praise and positive reinforcement
• Refer to counseling and employee assistance programs
• Allow telephone calls during work hours to doctors and others for needed support
• Allow the presence of a support animal
• Allow the employee to take breaks as needed

Maintaining Attendance:

• Provide flexible leave for health problems
• Provide a self-paced work load and flexible hours
• Allow employee to work from home
• Provide part-time work schedule
• Allow employee to make up time

Dealing with Change:

• Recognize that a change in the office environment or of supervisors may be difficult for a person with a mental health impairment
• Maintain open channels of communication between the employee and the new and old supervisor in order to ensure an effective transition
• Provide weekly or monthly meetings with the employee to discuss workplace issues and productions levels

To learn more, visit the Job Accommodation Network’s Accommodations Ideas for Mental Health Impairments.

Open enrollment for employee health insurance plans begins in November. You may wish to add dependents to your current policy as you care for your loved ones. Here are the details about who you can add to your group health insurance policy.

• • Spouse

    Many group health insurance plans allow you to add your spouse to your plan during open enrollment or within 30 days after your marriage. You may also add a same-sex spouse if your state legalizes same-sex marriages and your plan allows this provision.

• • Dependent Children

    You may add biological children to your health insurance policy even if they don’t live with you. If you give birth to or adopt a child or if your child loses insurance coverage through Medicaid or CHIP, you have a 30-day window to add that dependent to your group health insurance plan.

• • Spouse’s Children

    You may add stepchildren to you health insurance plan if they’re under the age of 26. You may add them during open enrollment seasons or within 30 days of your marriage.

• • Grandchildren

    You may add a grandchild to your coverage if you have legal guardianship of that child and they reside with you. If a dependent child or dependent adult child on your current health insurance plan has a baby, you may also be able to add your grandchild to your policy. However, most states do not have this provision, so be sure to read your policy for details.

• • Dependent Parents

    Some health insurance plans do allow you to add dependent parents to your policy. However, the federal government doesn’t mandate this coverage, and it’s an uncommon practice.

• • Boyfriend/Girlfriend

    A small minority of group health insurance plans allow you to add a boyfriend or girlfriend to your policy. You may need to prove that you share a domestic partnership and have a history of living together.

• • Domestic Partner

    In some cases, you can add a domestic partner to your insurance policy. State, carrier and employer guidelines vary, so discuss your options with your HR department.

• • Separated or Divorced Spouse

    If you separate or divorce from your spouse, you typically cannot keep them on your health insurance policy. A separation or divorce does qualify your ex-spouse for COBRA benefits, though.

Paperwork Required to Add Dependents

To add a dependent to your health insurance policy, you may need to prove that they are legitimate dependents. Provide a marriage license, birth certificate and other documents that prove your dependent relationship.

This November, choose the health insurance plan that meets your needs. Add any dependents, too, as you provide health care coverage to your loved ones.

The need for Disability insurance is all too often underestimated. Although most people wouldn’t dare forgo necessary evils such as Homeowners insurance, insuring a new car, or even obtaining Life insurance, the need for Disability insurance is far too often underestimated. Underestimating the value of insuring earning power, especially considering the rate of personal savings in the U.S. is at an almost unprecedented low, could spell disaster if a disabling event was to occur.

Disability Insurance from a Worker’s Perspective. If you’re one of those who think you don’t need to purchase Disability insurance because you figure it’s unlikely you’ll ever become disabled, prepare yourself for some alarming statistics. According to government studies, younger individuals have a one-in-three chance of suffering a disabling event before they reach 65-years-old. Older individuals have a one-in-six chance of the same fate.

Others might be counting on alternative sources of income, such as Social Security Disability Benefits, to replace their income if they become disabled. Although this benefit is available after a disabling event, it comes with many rules and regulations. For example, the SSA will consider your ability to perform any type of work, not just whatever your previous line of work was prior to the disabling event, as they are determining your eligibility for benefits.

Furthermore, Social Security Disability Benefits are only available to someone that’s totally disabled and that has a disability expected to result in death or last longer than one year. Those suffering a short-term or partial disability don’t qualify. The SSA has a very strict definition of disability and assumes that working individuals who become unable to work temporarily will have access to alternative sources of income to support themselves until they return to work.

As mentioned above, alternative sources of income such as personal savings are at all-time lows. In fact, data from the U.S. Bureau of Economic Analysis shows that personal saving rates have been in the red for several years now, with lows of -1.6. This essentially means that many individuals are living paycheck-to-paycheck or spending more than they earn and simply don’t have emergency savings to carry them through their period of disability.

Now that we’ve established why workers need Disability insurance, you might be curious how you can purchase it. Most individuals generally find purchasing their Disability insurance through their employer to be the most cost-effective and simple source.

Disability Insurance from an Employer’s Perspective. Offering Disability insurance in the workplace makes good business sense for employers; after all, employees are one of your business’s most valuable assets. Employers can offer Disability insurance on a voluntary basis, which allows employees who desire the coverage to elect it and pay the entire premium themselves, or provide a base amount and give employees the option to pay for supplemental coverage on their own. Supplemental or voluntary, either option allows employees to pay the premiums conveniently through payroll deductions and allows them to benefit from reduced group rates.

Since lost work time from injury or illness has a substantial cost to employers, plans that include return-to-work and rehabilitation services might be a strong consideration when selecting a plan. Other attractive features to consider are the proactive management of disabilities through regular early contact with both the disabled employee and his/her physician; a reduced benefit for disabled workers able to return to work on a part-time basis; and working with the employee, employee’s physician, and employer to find creative and flexible ways to get the employee back to work.

Disability insurance plans have long been a highly-valued and appreciated benefit offering, but in today’s economy, such offerings are more important than ever to employees and employers

We know that certain dangerous, demanding, detailed and repetitive professions are stressful, but every job includes stressors. Stressful jobs can cause physical, emotional and mental problems for employees. They also affect company safety, productivity and morale. Take nine steps as you learn how to handle stressful jobs and stay healthy.

Identify the stressors.

Numerous factors contribute to stress. Are you overwhelmed with responsibilities, frustrated with co-workers or bored? Identify your stressors as you consider your stress-management options.

Modify your job.

A simple modification like different work hours or a new work station can decrease your stress level. Talk with your supervisor about modifying your job and improving your health.

Talk to someone you trust.

Find a network of listeners who will support you when you need to talk. A friend, co-worker, job coach or therapist can be a sounding board, offer empathy and help you discover a different perspective.

Say no to extra responsibilities.

You may take on extra responsibilities to get a raise or keep your job. Too much work can increase stress, though. Instead, say no to responsibilities you can’t reasonably handle. If saying no isn’t an option, investigate ways to drop or delegate duties.

Organize your day.

Prioritizing tasks, setting a definite quitting time and cleaning off your desk are three simple ways you can organize your day. These steps can also help you feel more in control and less stressed.

Take a break.

Some companies offer flexible time off, so take a day or more when you need it and reboot, relax and unwind. You can also use break time to recharge. Take a walk outside, find a quiet place to meditate, listen to music or read a book.

Change your mind-set.

Maybe you demand perfection from yourself or are stuck in a pattern of negative thinking. Change your mind-set. Give yourself permission to do your best or meditate on inspirational quotes that change your thinking and reduce your stress.

Advocate for yourself.

You may find that nothing helps and your stress levels are still unhealthy. Advocate for yourself and better working conditions. Schedule a meeting with your supervisor, and calmly address the stressful factors. Be prepared with details of the challenges you face and possible solutions.

Find a new job.

A different job or position in your company could relieve your stress. If this switch isn’t possible, you may need to change companies or careers as you protect your health.

Stress on the job can affect your health and work environment. Take these nine steps as you learn how to manage stressful jobs and stay healthy.

A Report to the Nation on Occupational Fraud and Abuse by the Association of Certified Fraud Examiners provides a wealth of valuable information for any company. According to the report: Organizations with fewer than 100 employees have a higher rate of fraud exposure to billing, check tampering, skimming, expense reimbursement, cash on hand, payroll, and larceny than their counterparts do.

Conversely, employers with more than 100 employees have a greater exposure to corruption and non-cash theft. The most common anti-fraud controls include audits, codes of conduct, management review, hotlines, and training.

Companies with 100 or more employees are almost twice as likely as smaller organizations to employ anti-fraud controls.

It generally takes some time to detect fraud. Financial statement fraud had a median duration of 27 months. Check-tampering, expense reimbursement, billing, and payroll scams 24 months; corruption, cash on hand, skimming, and larceny 18 months.

The list of fraud examples is instructive:

1. Skimming a small percentage of cash payments or assets.
2. Accepting payment from a customer, failing to record the sale and instead pocketing the money.
3. Stealing cash and checks from daily receipts before they can be deposited into the bank.
4. Creating a shell company and billing employer for services not actually rendered.
5. Purchasing personal items and submitting invoices to employer for payment.
6. Filing fraudulent expense reports for personal travel, nonexistent meals, etc.
7. Stealing blank company checks, and making them out to themselves or an accomplice.
8. Stealing outgoing checks to a vendor and depositing them into their own account.
9. Claiming overtime for hours not worked.
10. Adding ghost employees to the payroll.
11. Fraudulently voiding a cash register sale and stealing the cash.
12. Stealing inventory from a warehouse or storeroom.
13. Stealing or misusing confidential customer financial information.

Nearly one in five frauds were exposed by tips from fellow workers. Many organizations provide employee-tip hotlines. Perhaps you should too. Click Here to read the report.

Four of the most common work complaints include theft, harassment, discrimination and violence. Employees have the right and responsibility to report anything that affects health, safety or culture in the company. However, if these issues are handled improperly, your business could face serious consequences, including fines or penalties. Learn how to address work complaints the right way as you reduce liability and create a positive work environment.

Establish a protocol for reporting complaints.

Every employee should know how to report a complaint. It can be done in person, over the phone or online. Usually, these reports are filtered through the Human Resources department, but plan a reporting system that works best for you. Also, be sure employees have options that allow them to report to someone other than their direct supervisor.

Get full details.

The employee with the concern should fill out a complete written statement or form with details about the complaint. The form should include the:

• Description of events
• Names of the individuals involved, including witnesses
• Times and dates of the incident/s
• Other relevant details

Determine if you should formally investigate the incident.

While you must take all complaints seriously, an odor in the break room or an employee who doesn’t work well with others do not require formal investigations. You should investigate reports of theft, harassment, hostility or discrimination, though.

Investigate promptly.

Investigate complaints as soon as possible. Interview the complainant, the accused and witnesses, and gather supporting documents that substantiate the complaint, including memos, emails, photos or voicemails. If you are a party in the complaint, ask a neutral party from another department to oversee the investigation.

Insist on confidentiality.

The complainant, accused and witnesses should maintain confidentiality rather than spreading any details or rumors about the complaint. Also, remind them that they should not retaliate or tolerate any type of retaliation.

Conclude the investigation.

After you interview the relevant individuals and collect the documentation, notify the complainants that the issue is resolved. Share, too, if the complaint was substantiated or not.

Take appropriate action.

The complaint may warrant employee discipline, further training or referral to your employee assistance program. If so, recommend these steps and monitor the employees involved to ensure the incident does not happen again.

Hire a mediator.

In certain cases, you will need to hire a mediator. He or she will provide conflict resolution, training or other services that improve future interactions between employees.

All workplace complaints should be handled properly as you protect employees and your company. For more assistance, talk to your Human Resources manager.

Everyone is well aware that drinking and driving is a dangerous combination, but we also need to recognize that drinking and/or using drugs in the workplace is equally hazardous. Impaired workers might not be able to concentrate on the task at hand. Depending on your job function, an error could cause injury or even death to yourself or a co-worker.

All employees need to share the responsibility of workplace safety. If you know that a co-worker is impaired on the job, then you must report his or her condition to a supervisor immediately. If you choose to close your eyes to the situation, you could be putting yourself or others at risk of an accident or injury.

Your supervisor will be able to assist the employee in finding a company-sponsored or community-based treatment plan. The critical thing to remember is that the workplace is no place for drugs and alcohol.

Key Points to Consider:

• Difficulty in job performance can be caused by unrecognized personal problems, including addiction to alcohol or other drugs.
• Help is always available to any employee who is struggling with substance abuse.
• It is an employee’s responsibility to decide whether or not to seek help.
• Addiction is both treatable and reversible.
• An employee’s decision to seek help is private and will not be made public.

If your company offers an Employee Assistance Plan (EAP) and you or a co-worker seeks help through the plan, you can be assured that:

• Conversations with an EAP professional — or other referral agent — are private and will be protected.
• All information related to performance issues will be maintained in his/her personnel file, but data relating to treatment referrals will be kept separately.
• Information about treatment for mental illness or addiction is not a matter of public record and cannot be shared without a release signed by the employee.
• If an employee chooses to tell co-workers about his/her private concerns, that is his/her decision.
• When an employee tells his/her supervisor something in confidence, supervisors are required to protect that disclosure.

In a Second Circuit case, Karen Duch sued the State of New York for sexual harassment. Duch, a court officer at the Manhattan Midtown Community Court, spoke with a manager who was also an EEO liaison about ongoing harassment.

Duch told the manager, “I’m telling you as a friend;” when asked if she wanted the harassment reported, she responded “Absolutely not.” Because of this request and despite her EEO responsibilities, the manager did not report the harassment to anyone. In ruling against Duch, the court stated several conclusions that employers should consider:

When harassment comes from a co-worker, rather than a supervisor, the employer is held liable only if it fails to provide a reasonable avenue for complaint or to take appropriate remedial action about a problem they know of.

In this case, Duch had reasonable avenues of complaint, despite the fact the EEO liaison was poorly trained and failed to report her complaints to anyone. Duch acknowledged she could seek assistance from at least five different sources, in addition to the manager.

Also at issue was the question of whether her manager’s failure to react could be imputed to the company. The court reminded us this would be the case when: (a) the official is at a high enough level of management to qualify as a proxy for the company; (b) the official has a duty to act on the knowledge and stop the harassment; or (c) the official has a duty to inform the company of the harassment. The court held that in this case, the manager did not breach her duty to remedy the harassment because she honored an employee’s request to keep her complaint confidential. The court also ruled that the conduct had not reached the point that a manager simply cannot stand by, even if requested to do so by the employee.

Unfortunately for the employer, there was another higher-level executive, whose knowledge of the complaints was imputed to the employer. The court stated that when an employee’s complaint raises the specter of harassment, a supervisor’s purposeful ignorance of the nature of the problem would not shield an employer from liability under Title VII. This holds true even where the executive never learned about, and did not witness, the alleged harassment.

In light of their ruling that a jury could find that there was knowledge of the harassment when Duch requested a schedule change from another manager, a jury could also find that their response was unreasonable. A formal investigation of the complaint did not begin until three months later.

Lesson learned: Be very clear about what you want your managers to do when they suspect or know about wrongful conduct:

What should they do if they know about it but nobody complains?

How should they approach someone about what they might suspect is harassing conduct? 

Should they say something like, “Is Bob harassing you? Should I speak to the EEO about this? If you want me to keep it confidential I’m going to write this down to protect the company and myself. If you feel you need help, bear in mind that I’ll always report it to a proper superior or you can go directly to that person without involving me if you want to.”

As always, we recommend that all HR That Works members use the Employee Compliance Survey every six months. If the company had done so in this case, it could have avoided the second-guessing and engaged in appropriate conduct. To read the case, click here.

As many as two million individuals look for temporary employment each day. Consider the benefits and risks of hiring temporary employees as you decide if this option is right for your company.

Benefits of Hiring Temporary Employees

Save Money

In general, temporary employees are cheaper to employ than permanent ones. That’s because you won’t have to pay to fingerprint and drug test them, and you are exempt from providing benefits. Over time, your company will save money when you employ temporary employees.

Quickly Fill Open Positions

Vacations, maternity or disability leaves, sudden staff departures or busy seasons can tax your workforce. In addition to overwhelmed staff, you could suffer quality control issues or safety challenges. Use temporary employees to help handle the workload and quickly fill open positions.

Part Ways Easily

Firing a permanent employee for incompetence or personality challenges takes time and requires you to follow several laws. Alternatively, you can release a temporary employee fairly easily, allowing you to continue your search for the right candidate for the position.

Fill Permanent Positions

Temporary employees can be excellent candidates for the permanent positions you need to fill. Studies show that they are reliable. They also already know the job, co-workers and procedures and can step into the job with a short adjustment period.

Risks of Hiring Temporary Employees

Training Takes Time

Unless the temporary employee has worked for you before, they will need training on company procedures and the specific job for which they are hired. This training takes time and ties up you or your key employees, which can affect a project’s deadline.

Safety Concerns

Studies show that injuries rise on job sites that employ temporary employees. Despite the best training, a temporary employee might make a safety mistake that jeopardizes everyone. A supervisor will have to observe a temporary employee carefully until there is no doubt that they can perform their job with complete safety.

Decreased Morale

Temporary employees works alongside your permanent employees but do not receive the same benefits. They also may work slowly or make mistakes, which can affect production. These and other challenges can affect morale in your workforce.

Legal Recourse

A workers’ status and eligibility for benefits must be monitored carefully. Be sure to treat temporary employees with the same respect you give permanent employees, too. Any discrepancies could result in legal action against your company.

Temporary employees can benefit your company, but they also carry risks. Be informed with the facts about temporary employees as you make the right choice for your company.

Employee evaluations are a way for your company to ensure employees performing their jobs properly. They also help your business succeed. Use several tips as you conduct these evaluations thoroughly and fairly.

Gather Relevant Data

Prepare an accurate picture of the employee’s performance across the board and for the entire year when you gather relevant data and statistics. This data can include productivity reports, behavior logs and supervisor’s reports.

Be Specific if Improvement is Needed

It’s not enough to tell an employee that they need to sell more widgets, cooperate better with co-workers or take on a bigger leadership role. You also need to provide measurable suggestions and clear deadlines to help them meet their goals. Consider saying, “You need to sell 20 percent more widgets this quarter” or “I want you to lead the next monthly team meeting.”

Be Honest

Sharing negative feedback can be challenging. However, it will help your employee and company grow, so strive for honesty in your evaluations, even if it’s tough.

Stay Positive

Always include praise in your employee evaluation. Employees who receive positive feedback are more positive, engaged and productive as they do their job.

Ask for Employee Feedback

Use your employee evaluations to build reciprocal relationships. Ask each of your employees to share feedback on your business’s performance. They may see issues you don’t and will feel valued when their opinions are heard.

Consider Evaluation Manners

Because an evaluation can be stressful for you and your employees, use your manners when scheduling and conducting the evaluations.

• Give your employee plenty of notice so they can prepare.
• Avoid meeting at high-stress times like Monday morning or during the busy season.
• Choose a quiet location.
• Allow plenty of time to discuss positive and negative issues.

Prepare to Disagree

Despite clear evidence, your employees may not agree that they are falling short of expectations. Have a policy in place to handle disagreements.

• Give the employee an opportunity to prove their side with facts.
• Ask the employee to write down why they disagree.
• Include this written report in the official written evaluation.
• Plan to meet again in a few weeks if necessary to resolve the issue.

Follow Up

After the evaluation, schedule a follow up meeting. It gives you a chance to ensure the employee fixes any problems.

Write a Complete Evaluation

All employee evaluations become part of your employee’s file. Be sure it’s complete, detailed and easy for an outsider to read in case you must share the evaluation for legal or other reasons.

Employee evaluations help your employees and company grow. Consider implementing these tips for your next employee evaluations