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Seniority vs rules
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Seniority vs rules
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In April the Pres of the co called a meeting of mgmt. He laid down the law. One of his requests was that all mgmt be on the same work schedule. Some of the mgrs did not like that for various reasons.
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Seniority vs rules
posted at 7/22/1999 8:28 PM EDT
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Posts: 43
First: 7/5/1999 Last: 12/20/2001 |
In April the Pres of the co called a meeting of mgmt. He laid down the law. One of his requests was that all mgmt be on the same work schedule. Some of the mgrs did not like that for various reasons. Especially 3 of them. The first one is a woman with 16 yrs here. She changed her hrs 2 yrs ago in order to care for her new baby. (new hrs 9am to 330pm).It was supposed to be temporary. A man (been here 20 yrs - senior mgmt) who changed his hrs yrs ago (4am to noon). Another man who changed his hrs (7 to 3) when we added another shift - not due to his own circumstances - but also become a dad during this time so the hours fit well). The 2 men both had childcare issues as well but went along with the Pres request and are now working 8-5 which are the business operating hrs. This woman is the office mgr, and does a lot of the accounting. The office is open from 8-5. When asked to chg her hrs back she simply said no. Her point is she was married to this co for yrs and it is no longer her 1st priority. She is also 4 months pregnant again so will be going out on leave soon! The owners don't know what to do. All ee's are here 8 - 5. The other mgrs see this as favoritism, and basically it is because she has been here so long.
What do we do? A 2nd Q: Another senior mgr (here 4 yrs) is going on maternity leave soon. She discussed with the owners (not HR) installing a computer line at home so she could work during maternity leave. She cannot commit to a certain amount of hrs but they are paying her full salary. They have not given her anything in writing and I am concerned about the appearance to other mgrs who call in when out to check on things, or keep in contact during leaves. What can we do here, I feel the salary should be based on a 20 or 25 hr week. THank you in advance. |
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Seniority vs rules
posted at 7/26/1999 1:40 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
An employer is permitted to impose new work rules, so long as those work rules do not violate an agreement with employees or are otherwise unlawful. Standing alone, the fact that some employees may not like the new rules does not bar the employer from implementing them. In fact, it is by creating individual exeptions to otherwise uniformly applied rules that an employer may create the impession of favoritism, and open itself to allegations of discrimination.
Here, you make no mention of a collective bargaining agreement, individual employment agreements, etc. that are applicable. You do, however, point out that the President has made the new attendance policy universally applicable; that there is only one person who is not complying; and that others perceive her ability to defy the new rules as "favoritism." The question as to her, therefore, is whether it is otherwise unlawful to impose the same rules on her. The only issues I see there are FMLA/ADA related. You mention that the female employee is "4 months pregnant again so will be going out on leave soon." How "soon" will she be leaving, and why? Is it, for example, because she has a pregnancy-related serious medical condition? Has her pregnancy caused a disability? If so, is her favorable shift is a reasonable accomodation? Absent some set of circumstances along these lines, I don't see why the rules should apply to everyone but her. With respect to your second question, what does your company's applicable policy provide with regard to working at home? Some companies permit at-home work under certain circumstances. Why can she not work full time? Again, is this a medical issue that raises FMLA/ADA concerns? Be careful of FLSA rules and issues regarding docking a salaried employee who you believe is not working a full 40 hour week. |
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Seniority vs rules
posted at 7/26/1999 9:26 PM EDT
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Posts: 43
First: 7/5/1999 Last: 12/20/2001 |
Thank you for the reply.
1. (Manager who has been here 16 urs and will not change her hours). She is 4 months pregnant and does not have FMLA/ADA conditions. She will be leaving when she has the baby. We are unsure of how long she will be gone. She is refusing to change her hours. But she is looked at as a valuable ee. Will this hurt us later? Announcing a uniform policy and promising to enforce it then making exceptions for no valid reason? 2. The other pregnant woman who is also a mgr. will be giving birth in about 4 mths. At that time she will work at home. I - HR was not consulted regarding the plan to pay her for 40 hours throughout her pregnancy since she will be working at home. To your question of why she can't work at home: She will be taking maternity leave - BUT working from home while caring for the baby. This is being done so that she may get paid for it. My Q is - she will not be working 40 hours, so should she be getting paid her full salary or should it be adjusted while she is out? When she comes back from leave I am sure she will be taking time off often to care for the baby - and since she is salary we need to pay for this? 3. If we pay #2, who is to say #1 needs to change her hours - we are making certain exceptions for the woman who is working at home so she can care for her child, so why not let the first woman keep her hours the way they are so she can care for here? Long and drawn out - I know ! THanks for the assistance though! Tracy |
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