Announced earlier today, the UCP has outlined their plans for Bill 2 - Open for Business Act.
Here is a recap of the changes to the Employment Standards legislation proposed by the UCP Government:
These are proposed changes that will be included in their Bill 2. With the UCP government having a majority in the legislature, the bill will be expected to pass.
The performance management cycle is one of the simplest HR functions in theory but one of the hardest to put into practice. Simply put, it can be broken down into three simple steps. The performance management process is a cycle that reverts back to the beginning once it completes itself. It is never complete as long as that person is still an employee. We should always be evolving and changing both our goals and our expectations.
Conflict in the workplace is one of the most common issues that managers have to deal with in managing employees. It is very common, especially for newer managers, to ignore the problem hoping that it goes away. Unfortunately, this is not usually the case and by ignoring the issue, it tends to create a bigger problem that could have been dealt with much easier if it had been discussed earlier. I am suggesting that you utilize the IBR Approach to conflict resolution.
We often get asked in HR, what are my rights to information on an employee's disability?
Well the answer is a complicated one that needs to be carefully considered. Usually the answer is - "it depends". Below, I will take you through several different commonly asked questions.
I just attended another webinar of the dozens I have this year.
This one was on Overview of Employment Standards Code. There are so many unique situations employers face and it is difficult to know how to apply legislation. We've seen many employers taking risks as they are not aware of how legislation relates to them. Sometimes just crossing their fingers hoping they are not reported. We know from experience that putting in the effort up front to be compliant saves time, energy, and money.
Here are some answers to common questions:
If an employee requests to be paid our their vacation instead of taking it, can I do that?
Yes and No. Employees can be paid out their vacation, but employers are still required to allow them the time away from work. Therefore an employee who has been with you 4 years and under would be entitled to 2 weeks vacation (4% accumulation) and could be paid out their vacation, however you are still required to provide them with 2 weeks away from work.
Does Bereavement Leave apply to part timers as well?
Yes, the code does not distinguish between full and part time for this topic.
Does a "good friend" passing qualify and employee for Bereavement Leave?
It could! This person could qualify under "a person the employee isn't related to but considers to be like a close relative" (last bullet point under Employees family members). We have seen this distinction be tricky for employers.
Often I receive questions as to whether an uncle or aunt qualifies and they do. A good rule of thumb is "would they be sitting around your table at Christmas dinner or another important family celebration?" if yes then you do need to grant your employee leave.
In regards to the new Long Term Illness and Injury Leave, what information can I ask for in order to grant leave?
The employee must provide you with "reasonable written notice", implied in there is that the employee provides you with a letter stating they require this leave. The employee should provide as much notice as possible. It should include a medical certificate which includes how long the employee is expected to be off.
You can find a list of medical certificates here. Employment Standards also has a great list of leaves here (or click on image). I reference this document frequently as each leave has it's own qualifications, length of leave, documentation, and notice required.
Why bother instituting all of this, who is monitoring this anyway?
Employment Standards Officers do! An employee may have submitted a complaint or tip and employers can face a variety of consequences for not complying including lawyer fees and the options in the below image:
If you've ever been an Human Resources practitioner, your office has probably been referred to as the "Principals Office", the dreaded place where wayward students go to receive their punishment. Often, this is because employees have associated this office and the HR position as with the place they go and the person they see to discuss disciplinary action. As leaders in your organization, it is important recognize that this practice can have detrimental effects on the effectiveness of your HR team.
Depending on the culture/process within your organization, you have likely heard something along the lines of "if you have any concerns, please bring them up with HR" and left it at that. Now put yourself in the shoes of the employee who has something to say, wants to report it, but fears that going to the HR department out of fear of being "on the radar" of HR. This can lead to under reporting and potential productivity issues if problems go unchecked.
HR should be used as a tool in the conversation with employees to establish your expectations, whether it be disciplinary in nature or not. You may want to include your HR rep if you are giving positive feedback, providing a coaching session with that employee, or reviewing their career development plan. Not only does this help keep the HR team informed of your conversations, it helps to reinforce that HR is their to support the employee.
As HR providers, we must also remember to be frequently checking in with employees and looking for these positive moments to provide our support and not necessarily waiting for our invite.
Employers must have "change fatigue" this year with Bill 17 (Fair and Family Friendly Workplaces Act) , Bill 30 (Act to Protect the Health & Well-being of Working Albertans) and now Marijuana becoming legal tomorrow October 17, 2018. All of these changes have required employers to revisit their policies and procedures and communicate with their employees.
It appears employers are not ready for legalization of marijuana according to Global News. The article suggests that employers are using the "head in the sand" technique hoping it won't effect them. We know that employers are so busy that they may not have time to amend their policies and get up to date with best practices regarding marijuana in the workplace.
A blanket statement of "zero tolerance" does not cover employees who may have a medical prescription. On the flip side employees who hold a prescription should provide their employer with this information. Common questions we have been asked are:
How do I handle dependance issues?
Can I test for marijuana in the workplace?
Can an employee smoke marijuana on his/her break now?
What should I do if I catch an employee in possession of marijuana?
How do I handle someone in a safety sensitive position?
These are all questions we have the answers to. Contact us for a consult or a comprehensive policy to cover all these topics.
Biases, that part of us that decides how we perceive things.
Every time you make a decision, your social background, personal and cultural values, and life experiences influence your reasoning. This is beneficial for helping you make day-to-day choices that align with your goals, but in HR it can lead to unconscious bias, also known as implicit bias, which unfairly influences how we interact with employees. Everything from performance reviews, to recruiting, to layoff decisions, can be influence by these biases.
Bill 17 (The Fair and Family Friendly Workplaces Act) brought in many changes for Alberta Employers. It is important that employers have implemented changes from the Bill as it came into effect in January 2018. Contact us if you need advice or assistance in implementing changes into your company.