The Wage and Hour Division (WHD) of the US Department of Labor has provided an Administrator’s Interpretation of the terms “son” and “daughter” as they apply to the Family and Medical Leave Act (FMLA). It is important to have clarification of these terms, because they are defined beyond the traditional scope of parent and child relationships.  The clarification of these terms ensures that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.

The WHD concluded that either day-to-day care or financial support may establish an in loco parentis (in place of parent) relationship where the individual intends to assume the responsibilities of a parent with regard to a child.  However, all cases are different and whether an employee stands in loco parentis to a child will depend on the particular facts of that case.

In addition to in loco parentis, an aunt or uncle who is caring for their young niece or nephew when their single parent has been called to active military duty may exercise their right to family leave. Likewise, a grandparent who assumes responsibility for their sick grandchild when their own child is debilitated will be able to seek family and medical leave from their employer.  The final clarification is in regards to an individual who intends to share in the supporting of a child with his or her same sex partner will be able to exercise the right to FMLA leave to bond with that child.

Understanding the Family and Medical Leave Act can be a challenge, but it is important for both employers and employees to grasp the scope of the law and how it can and cannot be used. For a further clarification of terms, HR Made Simple Users should log in and search “Son and Daughter in the Family and Medical Leave Act.” For relevant documents, visit HR Resources Now.

When an employee has been terminated, or has decided to leave your company, conducting an exit interview is an important part of the process. Exit interviews are an opportunity to gain objective insights into what your employees think is right and wrong about your organization. When done properly, exit interviews can help to identify and resolve workplace problems, minimize resentment and misunderstanding when employees leave, and boost employee retention in the future.

Exit interviews are valuable whether the termination is involuntary or voluntary, and they can generate a huge amount of useful information about your organization’s working environment. Another benefit of exit interviews is that they can help tip up loose ends with the departing employee, and may also head off the unpleasant repercussions that can arise from an unpleasant dismissal situation. An exit interview is typically conducted one to two days before an employee’s separation date. The purposes of an exit interview include things such as:

• Identifying the reason the employee is leaving the organization, if the termination is voluntary
• Reiterate the reason for dismissal, if the termination is involuntary, in order to identify any areas of misunderstanding
• Explain any conversion or continuation of benefits
• Verify the employee’s address for mailing important documents and information such as the IRS W-2 Form
• Explain the organization’s policy on providing references
• Discuss the return of any employer property

To ensure that the exit interview goes smoothly, it is important for the interview to be conducted by a neutral party such as a member of the HR department, or another member of upper management. Many experts feel that having the employee’s supervisor present at the exit interview can inhibit the conversation. It is important to create an atmosphere that the department employee is comfortable in, and encourage them to share their honest views about the company, its management practices, and any specific details relating to their job.

For more information regarding exit interviews including what types of questions to ask, and how best to use the information from an exit interview, HR Made Simple Users should log in and search Exit-Interviews.  View exit interview checklists and other relevant sources by visiting the newest section of our website HR Resources Now.

Eventually, almost every company or organization will find themselves with an employee that they need to terminate. However, there are some situations where the reason the company wants to terminate the employee is not a valid reason for termination, and is in fact illegal. To avoid lawsuits, it is important to make sure that your company does not illegally terminate an employee. Both state and federal law forbid employers from using certain reasons to fire an employee, and these prohibitions apply regardless of whether the employee has a contract for employment or not.

The first illegal reason for terminating an employee is Discrimination. Federal law makes it illegal for most employers to fire an employee because of the employee’s race, gender, national origin, disability, religion or age (if the person is older than 40). Federal law also prohibits most employers from firing someone because that person is pregnant, has recently given birth, or has any related medical conditions.  Most states also have anti-discrimination laws that include all of the characteristics listed in the federal laws, and more.

The second illegal reason for terminating an employee is Retaliation. It is always illegal for employers to fire employees for asserting their rights under the state and federal anti-discrimination laws described above.

The third illegal reason for terminating an employee is their Refusal to Submit to a Lie Detector Test. The federal Employee Polygraph Protection Act prohibits most employers from terminating employees for refusing to take a lie detector test. In addition to this, many state laws also set out strong prohibitions against using lie detector tests.

The fourth illegal reason for terminating an employee is in regards to their Alien Status. The federal Immigration Reform and Control Act prohibits most employers from using an employee’s aliens status as a reason for terminating that employee, but only so long as that employee is legally eligible to work in the United States. If they are not legally eligible to work in the United States this does not apply.

The fifth and final illegal reason for terminating an employee is if they complain about OSHA Violations.  The federal Occupational Safety and Health Act (OSHA) makes it illegal for employers to fire employees for complaining that work conditions fall short of complying with state or federal health and safety rules.  In an instance where a company does find itself with an employee noticing that there are OSHA violations, it would be smart to reward this employee for noticing the issue and it is important to make sure that any OSHA violations are fixed immediately.

Terminating an employee is never an easy task, and it can become much more complicated if they are being terminated for an illegal reason. It is important to be aware of why and why not a company may terminate an employee. For more information on this and other best-practices regarding termination, HR Made Simple users should log in and search Termination Practices.  Also, be sure to check out our blog for the first part in this three part series on best-practices in regards to termination.

When it comes time to terminate an employee from your organization or business, it is important to be prepared and do it in the most appropriate manner possible.  It is important to carefully word the termination message to the employee, and to deliver in person as well as in writing to avoid any confusion or legal issues in the future. Here are a few guidelines to keep a potentially difficult situation as easy as possible.

1.)   Time the decision to allow for privacy. The actual termination meeting should occur at a time when there will be minimal interruptions, and the location should be out of view of co-workers and office traffic.

2.)   Prepare for and rehearse your delivery. The message to the employee should be well prepared, and if possible it should be rehearsed prior to the actual meeting with the employee. Delivering the message in detail and smoothly can help the employee fully comprehend why they are being terminated.

3.)   Have a witness. Invite an additional management person, ideally a human resource colleague, to assist in note-taking and to act as a witness to any comments or questions that may occur.

4.)   Don’t beat around the bush. It is important to get to the point without making excuses or minimizing the basis of the decision.  Do NOT engage in personal attacks or derogatory generalizations. Most importantly, make sure that the employee fully understands that their employment has actually been terminated.

5.)   Avoid arguments. Be open to questions and concerns, but do not enter into any arguments or discussions regarding the decision.  Answer questions as honestly and completely as you are able to.

6.)   Don’t agree with any arguments.  Be sensitive to the employee’s anger, but make sure not to agree that the company has acted inappropriately or made any mistakes.

7.)   Be Sensitive. In a future lawsuit, the fairness and professionalism that is exhibited at a termination session can support the company’s position that is acted for business reason and was at all times fair and reasonable in its decision-making process.

8.)   Schedule a separate time for an exit interview to address further questions and concerns, and to gather additional information for and from the terminated employee.

9.)   Prepare for the worst.  Workplace violence is all too common, so be prepared for a negative response and how to properly handle it.

For more information on how to terminate an employee, HR Made Simple users should log in and search for Termination. Also, be sure to check out our blog for our three-part series on Best-Practices in regards to termination.

HRSentry has released a new version of “HR At Your Fingertips For iPad”.  The new release allows existing members to access the “HR Made Simple Kits”, with selected resources available for purchase by non-members.  In addition, federal code references have been added to the laws section.

With the new release, “HR At Your Fingertips For iPad” now provides:

*Approximately 270 terms and definitions

*Essential federal law definitions, qualifying events, exceptions, and federal code references

*Complete guide to creating a compliant handbook

*Ability for members to access “HR Made Simple Kits”, with select resources available for purchase by non-members.

*Resources kept up to date by a dedicated team of HR professionals

Visit HR At Your Fingertips for more information.