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Why We are the HR Compliance Experts? |
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“I just got back from a 3-hour lunch meeting where I reviewed with a
vice president all the changes in our benefits and services policies
that will appear in the next iteration of our
Employee Handbook. I
could speak with knowledge, confidence and authority largely because
of your
Personnel Policy Manual with all of its supporting guidance
and documentation. You are my #1 resource when it comes to
policies.
Keep up the good work!”
Don Jones
Director of Human Resources
Columbia International University
Columbia, SC |
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Unprecedented changes
impacting HR
Today's economic, political, and employment environment is
more unsettled for human resources professionals than any time
we’ve seen in our 37 years of advising employers. As a result,
you need much more than news and raw information – you need
clear advice and guidance on what to do … and when.
Learn
more on how you can stay ahead.
See what
others say about the Service ...
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Is Employer Obligated to Pay for Two Weeks after
Notice if Employer Requests Employee Leave Now?
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Q: Our organization generally
requests that employees give two-weeks’ notice of resignation. If an
employee resigns with two-weeks’ notice and we tell the employee to
leave prior to the end of the two-week period, are we obligated to
pay the employee for the full two weeks?
A: You may not be required
to pay for the two-weeks notice period, but should consider doing so
for employee morale reasons. Most employers request or require that
employees give advance written notice of their intention to resign
so that an orderly transition may be made. The amount of advance
notification usually depends on the importance of the position.
However, requiring employees to give notice of their resignations
may, in some states, create an implied contract obligating the
employer to give an equal amount of notice before terminating an
employee. For this reason, the Editors suggest requesting, but not
requiring, notice from terminating employees. In the scenario
described above, since notice is only requested, a contract
requiring the payment for the two-weeks notice period probably has
not been created.
[Creating HR Policies or Employee Handbook?]
Most employers pay for the notice
period, however, even if they do not have a contract requiring the
payment. Employers may choose to do this when they want an employee
to stop working immediately because the employee is in a sensitive
position, such as one having access to highly confidential
information or essential production equipment, and the employer is
concerned about reduced loyalty. If the employer simply tells the
employee to leave after giving notice, it may turn a voluntary
termination into an involuntary termination, making the employee
eligible for state unemployment compensation for that period of
time. More importantly, the employer may send a negative message to
the rest of its workforce, i.e., if you give notice as requested,
you may be terminated immediately. As a result, the employer will
not receive notice of terminations in the future. Accordingly, the
Editors suggest compensating the employee for the notice period in
order to ensure that there is no question about eligibility for
unemployment benefits and to encourage other employees to give
notice in the future.
[Download Free Policies] |
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Unprecedented changes
impacting HR
Today’s economic, political, and employment environment is
more unsettled for human resources professionals than any time
we’ve seen in our 37 years of advising employers. As a result,
you need much more than news and raw information – you need
clear advice and guidance on what to do … and when.
A complete support system
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law specialist on your staff – for less than the cost of a cup
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compliance support you need and want.
Look at the new compliance
challenges you already have for 2009:
-- Changes to COBRA
-- The new Ledbetter Fair Pay Act
-- Amendments to the Americans with Disabilities Act (ADA)
-- New Family and Medical Leave Act (FMLA) regulations
-- Labor Secretary promising to step up FLSA & FMLA
enforcement
And there’s even more that should be on your radar screen:
-- Regulations for the new ADA Amendments
-- The Employee Free Choice Act
-- The Paycheck Fairness Act
-- The Healthy Families Act
-- The Employment Non-Discrimination Act
-- FMLA Amendments expanding coverage to smaller employers
-- New minimum wage increases beyond what’s scheduled
You can still stay ahead
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