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October 12, 2016
Secure Your Own Oxygen Mask Before Assisting Others: Your Business Comes First When Granting Employee Benefits
By Helene Horn Figman, J.D.

“Secure your own oxygen mask before assisting others.” We’ve all heard these instructions given by flight attendants.  In the event of emergency, passengers are told to make sure that their oxygen masks are in place before assisting children or other fellow travelers.

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Securing oxygen maskThe same advice applies to business owners who need to take care of their own needs first before they can help their employees. While proper Human Resources management involves a balancing of the needs of the business with the interests of the employees, often businesses have neglected to maintain that balance.

The needs of your business MUST come first.  Why?  Because if you and your business are not successful, you will not be able to afford any employees!

Before deciding upon job descriptions, compensation, hourly schedules, paid time off (PTO), vacation, working remotely, or tuition reimbursement, consider your business plan and corporate culture.

Too often business decisions as to scheduling are driven by employee demands.  Pronouncements by one employee that she needs Fridays off in the winter for ski weekends or another employee’s request that he be allowed to leave early on Tuesdays due to his child’s afterschool activities can certainly be considered if those adjustments are reasonable and would not hurt your business. 

However, if Friday is a particularly busy day for a wrap-up of weekly projects or if on Tuesdays you prefer to have all “hands on deck,” the requests for a 4-day week or shortened work day can and should be denied.

Are we still valuing our employees?  Can’t we be flexible?  Absolutely… as long as that flexibility does not negatively impact you or your company.

Your business might be able to accommodate and even encourage working online or from home.  On the other hand, if the nature of your business culture calls for a team approach, or if certain managers must always be at the work premises to supervise staff, then performing these tasks off-site would not be feasible.

Your policies provide you with a vehicle with which to set forth your company’s needs and expectations regarding interpersonal behavior, teamwork, hours, and where work may be performed.  Each job description should also clearly state whether a position requires regular on-site attendance. 

If the employee does not meet the criteria for a “reasonable accommodation” as a result of a qualified disability, a policy requiring the employee to work a full-time schedule may be viewed as reasonable. Most smaller businesses are unable to offer light duty or part-time assignments, and that should be made clear as early as the hiring process, to set (and keep) the appropriate expectations.

Many business owners are generous with regard to granting flexible hours for a long-term or “key” employee but are then faced with a morale issue if other employees are not offered the same flexibility.  Another issue arises if the owner makes concessions to employees but those concessions then diminish the effectiveness of the business.

Vacation is a benefit that most employers choose to provide. So should you offer vacation to your employees?  Most employees nowadays consider at least some vacation as an entitlement. Therefore, if you don’t offer this benefit, you could have a difficult time attracting and retaining talented individuals.

When it comes to how many vacation days an employer should provide, there is no magic number.  Most employees value a generous amount of PTO even more than a wage increase.  Consider factors such as the number of employees, your “busy” season, and staffing needs.

You may also choose to require that vacation days be used during your slow season.  In a very small workplace, it is common to allow only one employee to take vacation at a time or only one from each department or team at a time.

It is also within your prerogative to prohibit employees from taking consecutive weeks.  This is an area where an employer can achieve a good balance of interests, provided there is some forethought as to the business needs, and then clear communication of these policies.

Think of your business first before implementing terms, conditions, and benefits.  Your employees will appreciate knowing what to expect, and you will breathe easier!

Helene Horn FigmanA member of the Massachusetts Bar for over 30 years, Helene Horn Figman, J.D. is an employment law attorney who has successfully litigated before all courts in Massachusetts and the United States District Court. She currently advises businesses in all aspects of employment law compliance, defends employers in actions brought before the M.C.A.D. (Massachusetts Commission Against Discrimination), and presents antiharassment and antidiscrimination training.  For more information please visit www.figmanlaw.com.

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