Plan in advance for employment issues over the holidays

January 3, 2016

’Twas the night before Christmas, and all through the office, not an employee was working, not even the bosses.

The holiday checks have been paid to those naughty and nice, and yet, here’s one more gift — some last-minute workplace advice.

Working on Christmas Eve, Christmas Day or New Year’s Eve or New Year’s Day certainly is not something most employees enjoy. This includes being on call and having to either respond to calls or go in to work.

Knowing that employees disfavor this chore, employers need to do two important things: Provide substantial incentives for employees to work on these days, and set the expectation of what will happen if an employee fails to come to work as required.

Although employers are not required to pay premium pay or overtime merely because the employee is working the holiday, the employer can offer those incentives.

But more incentives might be required for working Christmas Day or a special occasion. I recommend employers give what employees crave the most: time off the following year.

Giving an extra paid day off in 2016 in addition to the holiday pay might provide the incentive for employees to agree to work a shift during the holiday.

Employers should first try to take volunteers to work the holiday.

Never schedule an employee to work Christmas Eve or Christmas Day merely because you think that the person is not Christian. Assuming that someone who is not Christian, or who doesn’t have kids, or who has family out of town is somehow the designee to work on Christmas is improper.

If you open the day up to volunteers, then you cannot be accused of selecting an employee based on something inappropriate.

Unfortunately, some employees who are scheduled to be on call or to work will call in sick or not show up. While this in theory could happen all year long, it is more complicated on Christmas because it is more difficult to find a backup.

A relative of mine was recently in the hospital and overhead two techs talking about working Christmas. One tech told her colleague that she had not taken a single sick day all year, so she was planning to call in sick on Christmas Day during her scheduled shift. She saw nothing wrong with it because she was entitled to sick time.

This type of thinking must be put to rest before the holiday.

Employers should set special rules around no-shows for those scheduled to work or be on call Christmas Eve, Christmas Day, New Year’s Eve or New Year’s Day.

Employers must let employees know that if they are scheduled to work or be on call on a holiday and they either call in sick, don’t show up or fail to call in as required, the consequences will be more serious than other days.

I recommend telling employees that if they fail to meet their obligations, they must have a doctor’s note for their own illness. If it is for the illness of a child, spouse or parent, unless it is clearly covered through a documented Family and Medical Leave Act certification, the employee’s absence will not be approved.

Those scheduled to work or be on call must arrange now for a backup plan if someone they are responsible to care for gets sick.

In addition, a doctor stating that the employee is “sick” is not enough. The doctor must certify with specificity that the employee was seen on the day in question and is incapable of working due to that sickness.

Employers should not accept notes from doctors that are prepared after the holiday or where the employee goes to the doctor after the holiday to say he or she was sick on that day.

Unless a leave is protected by the FMLA, do not let the employee get away with failing to come to work on the holiday.

I realize this might seem Scroogie, but if you run a nursing home, hospital, emergency services business, an IT department or you work for the media, there is no day off. These are 24/7 operations that must be staffed.

Plan. Take volunteers. Give lots of incentives and rewards. Set the expectations now.

If someone fails to meet the employer’s obligations, the individual must receive either a final warning or termination.

And even if that person is your favorite employee, employers must be consistent and ready to take the hard stance for anyone not meeting expectations for the holiday work schedule.

Wishing you a merry and happy workplace this holiday season.