Tilt’s Post

PSA: Your HR team is not leave law experts (and you shouldn't expect them to be.) A couple of reasons why: 👉 It's intimidating 👉 They don't have the training for it 👉 It's stressing them out 👉 They don't have enough bandwidth to stay up-to-date 👉 Things will start falling through the cracks 👉 Takes away from their other strategic initiatives Instead of expecting HR to be experts on leave law… Partner with the right leave of absence management company and have access to and support from leave compliance experts anytime so your team can feel supported and confident.

Too many words! In HR, we often send emails with detailed information for employees. Maybe it is how to apply for FMLA, or how to renew a license or certification, or the steps to follow for benefits enrollment. We also often complain that no one reads the emails we send. We get calls asking us questions that were answered in the email we just sent. The frustration is real! But… what if we stopped complaining that no one read the email and started considering the employees’ perspective? Could we send the information differently? Is there a better way to communicate the same information? Details and compliance are important, but sometimes too many words can block the intended message. We have to self evaluate, to reflect on our own practices with a willingness to shift.

Invitation to join our webinar on Tuesday, August 13th, 2024 Members' Special Series: The Employment Life Cycle Webinar Four - Managing Leaves of Absence. This is the fourth webinar of the members' special educational series. The "Employment Life Cycle- "Leaves of Absence" helps attendees to learn about the most important tools for handling issues surrounding the complex and litigation-prone area of leaves of absence. The presenter will start with an overview of the most common misunderstandings about the employer obligations. The presentation addresses procedures, policies, and subsequently advises human resources specialists on handling leaves requests in order to avoid legal landmines.   Learning Outcomes   ·    Update on California leave laws. ·    Employer obligations, policies, and regulations. ·    How to properly respond to leave requests. ·    Best practices to avoid litigation. ·    And more! Tuesday, Aug 13, 2024, from 10:00 a.m. to 11:15 a.m. PT (Webinar)  https://lnkd.in/gW4rKtnM

Something for HR Managers Supreme Court’s definition of Suspension in work place A popular judicial effort at defining “suspension” was made in Esiaga v. University of Calabar (2004) 7 NWLR (Pt. 872) 366 by Honourable Justice Pats-Acholonu, JSC. According to the Supreme Court at page 386 paragraph H of the law report, “The verb ‘suspend’ from which the word suspension (which is a noun) emanates means in the context it was used essentially, “to defer, interfere, interrupt, lay aside, temporize, hold in abeyance”. That term cannot be construed to mean “terminate, extinguish, bring to an end”. It means what it says, that is to cause to abate for a while or halt midway but not to bring to an end. It always connotes a state of affairs that should wait until a certain event takes place.” The Supreme Court further held that a suspension connotes a state of affairs that should wait until a certain event takes place. Also, in Longe v. FBN Plc (2010) 6 NWLR (Pt. 1189) 1 at page 60 paragraph D – E, the Supreme Court held that “suspension is usually a prelude to dismissal from an employment. It is a state of affairs which exists while there is a contract in force between the employer and the employee, but while there is neither work being done in pursuance of it nor remuneration being paid. Suspension is neither a termination of the contract of employment nor a dismissal of the employee. It operates to suspend the contract rather than terminate the contractual obligations of the parties to each other.

𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐄𝐦𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭 𝐋𝐚𝐰 𝐔𝐩𝐝𝐚𝐭𝐞. As part of the Plan to Make Work Pay, the government have promised to legislate to ensure that employees are given “basic day-one rights”, which also include parental leave, sick pay and flexible working.  Currently, employees do not have a right to claim unfair dismissal before 2 years of service – the shortest it has ever been was 12 months. So this would be a seismic change. There have been assurances that the new laws “will not prevent fair dismissal, which includes dismissal for reasons of capability, conduct or redundancy, or probationary periods with fair and transparent rules and processes”. Instead, it seems that more emphasis will be placed on probationary periods, although we don’t yet have any details on how this will happen. This change, if it happens, can’t be underestimated, particularly for smaller businesses that don’t have an onsite HR team to support them in managing new hires that haven’t worked out as well as hoped. For more information please feel free to reach out!  📲07944 251 227 📧 louise@peoplepartnerhr.co.uk . . #BusinessCulture #EmployeeEngagement #Recruitment #Onboarding #HRSupport #ThePeoplePartnerHR #management #promotions #training

Here at HR and You Ltd we always keep you up to date with the changes to employment legislation and ensure we update all our handbooks so you remain legally compliant.   Did you know from the 6 April 2024 Employees will have the right to request flexible working from day one of employment rather 26 weeks of employment.   They will be able to make two requests in any 12 month period previously it only being one application. And Employers will have to decide on the request within 2 months rather than 3.   HR and You Ltd we advise all Employers to have a flexible working policy in place to ensure that the correct process is followed when requests are made. For those already with a policy in place, we strongly urge you to review and update it in time for the changes.   For more information on the 2024 legislation changes please take a look at our brand new website where you can find another 9 updates. We also have FREE downloads which you can purchase from our website by following the link below. https://lnkd.in/eEmcRRnW Fran CrosslandHR and You LtdKate Ryder Assoc CIPDLulu C. #legislation #changes #handbooks #updates #flexibleworking

Big news for smaller businesses that don’t have an onsite HR team to support them in managing new hires that haven’t worked out as well as hoped. As part of the Plan to Make Work Pay, the government have promised to legislate to ensure that employees are given “basic day-one rights”, which also include parental leave, sick pay and flexible working.  Currently, employees do not have a right to claim unfair dismissal before 2 years of service – the shortest it has ever been was 12 months. So this would be a seismic change. If you have questions or want to know how this change can impact your business get in touch. 📲07944 251 227 📧 louise@peoplepartnerhr.co.uk . . #BusinessCulture #EmployeeEngagement #Recruitment #Onboarding #HRSupport #ThePeoplePartnerHR #governmentlaw

Can an employee be terminated while out on an approved medical leave that was approved by their manager and the HR department? Logically no, unless your absence exceed the exact time on the approved medical leave. However, if the case is mass termination like efficiency/restructuring/ reorganization, the employer could terminate the unselected employees who has no position in the new organisation chart. In this case, it's not related to your medical leave because the Reason of termination is not because you are sick but company's needs. So, if you sure your dismissal is due to your medical leave you can fight for your right. The first certain action you can do is clarify it to your manager & HR dept, if it doesn't work you can continue to industrial relations process (the system depends on your state/country) Secondly Yes, an employee can be terminated even while being out on approved medical leave. However, it is imperative to note that this can be done only under violation of the contract or leave policy initiated by the organisation under employment policy by the HR. for instance, if the employee has been violating the code of conduct and has not been able to produce legal documents to prove medical condition. It falls under forgery which is a condition for termination.

What happens when an employee is dismissed due to incapacity? Our latest article breaks down the termination benefits payable and ensures you're up to date with current regulations. Read more! #HRCompliance #LabourNet #EmployeeRelations #LabourLaw https://lnkd.in/dPFV5GSC

Clear up any confusion around leave policies with our brief Leave Management Glossary. We have explained essential terms and concepts for better understanding and smoother HR operations: https://lnkd.in/dbcNyAyS #leavepolicies #Glossary #opportuneHR