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We are considering changing our policy with respect to unapproved absences before or after paid holidays. Our current policy says that “to be eligible for holiday pay, you must b
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Forums  »  Topic Forums  »  Benefits & Compensation  »  absent before or after paid holiday

absent before or after paid holiday

posted at 4/26/2011 2:18 PM EDT
Posts: 58
First: 10/17/2006
Last: 9/13/2011
We are considering changing our policy with respect to unapproved absences before or after paid holidays.

Our current policy says that “to be eligible for holiday pay, you must be regularly scheduled to work on the day on which the holiday is observed and must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by your supervisor.â€

The problem with this policy is that it encourages sick employees to come to work. If we do away with the policy, the concern is that, without consequences, some who are not sick will extend their holiday and leave us in the lurch. I am interested in what other companies do.

As a side note, I am also curious if our current policy would be a problem for exempt employees. Could an exempt employee's salary be docked for the holiday (assuming no work was done), if the employee failed to meet our requirements of working the regularly scheduled day before or after?

absent before or after paid holiday

posted at 4/27/2011 4:46 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
With regard to policy change. For me it has always been about what is the company's intent. Do you wish to have a policy that rewards or punishes?

My philosophy has been that there is always a small group of abusers and a vast majority of folks that do the right thing.

I try not to punish the vast majority by putting them through a series of hoops just to catch the few that abuse. I do not wish to be seen as the sick leave police.

Usually the time off abusers will show their hand in other ways and will also not be fully satisfactory employees. For example these same folks have high absenteeism on Mondays and Fridays.

Likely you or their manager already know who they are. Go ahead and deal with it now......

absent before or after paid holiday

posted at 4/27/2011 5:35 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
In Canada, employers are legally required to pay out the paid holiday to employees who either worked their regularly-scheduled shifts immediately preceding and immediately following the paid holiday, or who are off work on those day on authorized leaves or sudden issues (like illness) that are no fault of their own.

I've worked in HR for 20+ years in a number of different types of employer environments, and I can count on the fingers of one hand the number of times I suspected (yes, "suspected" only, not "knew for sure with evidence") that someone was abusing this.

So James, given the foregoing, + given the fact that Canada requires employers to give employees a minimum of 9 paid holidays per year (not including statutorily-required paid vacation time), + given that the average American's work ethic is at least the same (and probably stronger) than the average Canadian's, I don't think you'll have much of an abuse problem.

absent before or after paid holiday

posted at 4/27/2011 6:06 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Agree with hrbth and the one above..... However, you could still have a policy that it was a paid holiday unless time off before or after was abused or under fraudulent circumstances. Of course, it would be best to defined what that is...i.e. systematic, continual use of sick, unapproved in advance, time around holidays.

And yes, exempts must be paid for days where the office is closed for a holiday (at the employer's discretion) if it is less than a full work week...regardless of whether they worked the day before or after. However you can require them to use any PTO for that time. So your policy could be if they use a sick day the day before a holiday, the holiday is also paid with sick day funds.....but I am not so sure that it really what you want...that would just further encourage them to come to work sick!

absent before or after paid holiday

posted at 4/27/2011 6:29 AM EDT
Posts: 58
First: 10/17/2006
Last: 9/13/2011
These are very helpful. Thank you.

I have a follow up question to rrupert's awesome response. Would it matter that exempt employees often come to work on holidays? For example, I do when a holiday falls on a day when payroll needs to be processed. Other managers do as well when they need to. Holidays are spelled out in our employee handbook, but are we really closed when managers can and do come to work as needed? I'm really just curious, as I have no intention of going down this road.

absent before or after paid holiday

posted at 4/27/2011 6:47 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
That is why it is called exempt.

You get a full weeks pay in exchange for doing whatever the job requires regardless of how many hours you put in.

absent before or after paid holiday

posted at 4/27/2011 8:28 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
"are we really closed when managers can and do come to work as needed?"

Here's a good summation (although it is talking about closing due to weather conditions):
http://www.wageandhourcounsel.com/tags/shut-down/

My soft answer would be yes that you are really closed if it is not required that everyone be there, if you are not open for regular business and if each employee is choosing to work as needed. Choosing being a relative term *Ã*

I definitely wouldn't charge PTO to any exempt working on a closed holiday. At our companies, an exempt who works a closed holiday tends to get a day off nearby or hours added to their PTO bank to replace the lost holiday time. (I do payroll every other week and systems financial billing on the 1st and 15th...guess how many weekends and holidays I end up working? LOL)

absent before or after paid holiday

posted at 5/4/2011 8:36 AM EDT
Posts: 3
First: 4/22/2010
Last: 5/4/2011
These are very well-considered replies. I find this refreshing. Too often on these boards (well, not necessarily THIS board, but many HR boards), I see a pervading attitude that assumes that the worst 5% represent the bulk of our employees and that policy should be written to reflect that.

I agree with the above comments stating that you really should just pay the holiday, and that your worst employees will show themselves in other ways. I've found it very disheartening when I've had to withhold pay due to day-before-&-after policies when I have no reason to believe there was any wrong intent.

Truth is, I spend holidays around a lot more people (and their germs) than I normally do, and I seem to be able to get sick every time. I'm thinking that I'm not the only one.

absent before or after paid holiday

posted at 5/4/2011 9:06 AM EDT
Posts: 2
First: 2/17/2011
Last: 5/4/2011
My company has the same policy. We added an exception. If an employee "calls in" the day before or after an observed holiday, he or she must show substantial proof of why he or she was out of the office (family emergency, doctor's note, emergency room documentation etc.) or the holiday will be unpaid.

absent before or after paid holiday

posted at 5/4/2011 9:14 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
So aymeade's policy is the punitive version, which is what we're advising against.
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