Our Advisors field a wide range of HR and Safety questions from our members each day on the HR Hotline and Advisor Chat in mozzo. In this series, we're taking common, or sometimes incredibly unique, questions, similar to what we’ve received and sharing how our Advisor team would respond.
In this edition, we hear from a member who has an employee who spends too much time preparing food in the breakroom, an employer who is concerned about signs of dementia in an older employee, and a member with an employee who chose not to return after FMLA and would like to recoup some costs.
Question:
My employee takes a lot of time away from their desk in the breakroom making elaborate snacks and meals. Other employees are starting to take notice. I suspect there may be health issues involved, but I’ve also seen them scrolling on their phone during this time. How can I tactfully address this with them?
SR. HR Advisor Christine Assaf Answers:
We recommend having a conversation with the employee but keep the focus on observable work-related behaviors rather than assumptions about health.
Meet with the employee privately, and share your observations for example, “I’ve noticed you’ve been spending a significant amount of time in the breakroom. Is there anything we should be aware of?” This gives the employee an opportunity to raise a medical concern or accommodation need if one exists. They may need extra break time, or maybe they have a specific type of food allergy or diet. If so, then the organization can start an ADA process to review specific requests.
If no accommodation issue is identified, then you can reinforce expectations around break times and how long they are taking.
Related mozzo™ resource:
Question:
I received a report from an employee with concerns about another coworker who may be experiencing cognitive decline. This employee is in her sixties has been with us for a number of years and I can see that some of her work has started slipping. She’s forgetting processes that she used to be familiar with or not knowing the terms to common parts of our field. We’re open to a reduced workload or finding a position that works better for her, if there is something going on, but how do we ask her about it?
Sr. HR Advisor Kathy Iverson Answers:
The performance issues need to be addressed, and the solution may go a number of different ways. I’d recommend that you start with addressing the concerns as performance issues. To the extent possible, have specific examples to share. She may be very aware of her memory issues, or she may not, so evidence and specific examples will be the most helpful. You’ll want to address how these issues are impacting performance. Once you’ve laid out the concerns, then ask, “Is there anything we can do to help?” Maybe between the two of you, you can come up with some creative solutions to help ensure tasks get completed (take notes, have a task list for the day, regular touch base meetings with the supervisor, etc.).
If the employee discloses some sort of condition during the meeting, you can have a discussion about possible reasonable accommodations, which should be addressed through your formal ADA process. If they mention just “slowing down” or “aging” and bring up needing to make a change, you may discuss different positions that might be a better fit, or possible part-time work if that is an option (which also may be reasonable accommodations). If she brings up retirement, you can discuss what a transition may look like.
You want to be careful not to allow poor performance or reduced workload to continue without formalizing that arrangement, because you must be equitable. If you allow her to hand-off duties, you’ll have to allow others to do the same. She needs to be held accountable to the same performance standards as other employees. So, start with a coaching conversation, and if necessary, move through your formal performance management process (PIP or written warnings). Hopefully, the employee will be aware of the reality of the situation and open to discussing possible solutions, whether that’s a transition to a new position, a reasonable accommodation, or potential retirement. It would be ideal if walking the hard road of managing a PIP is not necessary, but be ready to walk that road, if appropriate.
Related mozzo™ resources:Performance Improvement Plan Form
Question:
An employee of ours was on FMLA for five weeks and voluntarily decided not to return to work at the end of that period, which of our costs if any can we ask the ex-employee to pay?
Sr. HR Advisor Christine Assaf Answers:
An employer may generally seek reimbursement for the employer-paid portion of health insurance premiums that were paid during the employee's unpaid FMLA leave. However, that would not apply if the employee is unable to return due to a continuing or new serious health condition, or because of other circumstances beyond their control. Worth noting, FMLA does not allow an employer to recover wages, or other benefits, if any an employee resigns while on leave.
Related mozzo™ resources: