Q&A

Can we deny a vacation request?

The simple answer is yes - but…

When you decide not to approve a vacation request, you should have a valid business reason for doing so. This could be because other people have already requested time off, there is a sudden sickness and not enough staff, there is an important business event, etc. If you really have to deny a request, do it carefully. It's important to understand and show empathy. Life is complicated and you never know what might be happening outside of work. Let the employees know that you wish you didn't have to reject their request, but it has to be done for a business reason. Try to find an alternative day or solution if possible. Remember, when you deny a request, it can negatively impact morale, especially if it happens frequently. It's important to be fair and consistent with all staff members when making these decisions to avoid any claims of discrimination. Also, be cautious when denying time off for medical procedures or recovery, as this could lead to issues related to disability discrimination.

Q&A

We have a situation where one employee is accusing another employee of harassment at a company event off premises. Should we investigate?

Interactions between employees, whether at work or outside of work, can have an impact on both employees and the workplace, even when they are not on the clock. This can create a hostile work environment and make another employee feel uncomfortable or unsafe. Employers have a legal obligation to ensure a harassment-free workplace. It is important to promptly and thoroughly investigate any incidents. When conducting an investigation, ask questions about who, what, when, where, and how, and inquire if there were any witnesses. Keep detailed notes of the investigation. If you prefer an independent third party to handle the investigation, HRXperienced can assist you. We can also provide referrals to legal professionals for further support.

I know that most of the federal employment discrimination laws kick in when an employer reaches a certain number of employees. How do we count that number?

Great question! The EEOC for example says count anyone who has worked 20 weeks (whether full or part-time, even non-consecutive weeks).

The best resource for this information is on the Society for Human Resource webpage on when different federal laws “kick in.” This link will take you to the list of regulations by size. Federal Labor Laws by Number of Employees.pdf (shrm.org) There may be state regulations to follow as well.

SHRM also has an interactive tool SHRM - The Voice of All Things Work (wolterskluwer.com) that will compare different laws in different states. It is a great resource.