Despite this, fertility-related loss—including miscarriage, stillbirth, and failed fertility treatments—is often excluded from traditional bereavement policies. But it’s time to acknowledge the emotional, physical, and psychological toll of reproductive loss and support employees during these times. 

After all, it’s more common than many realize. The March of Dimes reports that between 10 to 20% of known pregnancies end in miscarriage, while the CDC notes that about 21,000 babies are stillborn yearly. Then, there are those suffering from failed adoptions, surrogacies, and fertility treatments, all of which are a bit more complex when it comes to the numbers—yet these families face trauma as well.

Reproductive loss leave is finally on the rise as employers prioritize employee well-being and strive to boost retention. Whether you incorporate it into your current bereavement leave policy or create a separate policy, it’s a powerful way to show employees you genuinely care about their mental and physical health.

A Glance at the Current State of Fertility-Related Loss Leave

Traditional bereavement leave often focuses on the death of immediate family members, failing to address reproductive loss. This leaves employees in this situation:

• Confused about what kind of leave they should take
• Concerned about the impact on their workload and/or job status
• Stressed about reduced pay—or unpaid leave altogether

Bottom line: Lacking a reproductive leave policy can cause even more stress during a time of grief. In turn, it can lead to decreased morale, productivity, and retention. 

Unsurprisingly, many employers now offer this employee benefit, which is in increasing demand—especially among the younger workforce. Research by MetLife found that employees’ satisfaction with their benefits dropped to 61% in 2023 from 64% in 2022, hitting its lowest point in the past decade.

Offering fertility-related loss leave is both the right thing to do and helps employers stand out in a competitive job market where top talent no longer tolerates subpar benefits that don’t support their needs.

Big names like Goldman Sachs and Pinterest are leading the way. Goldman Sachs added 20 days of paid leave for an employee, spouse, or surrogate who has a miscarriage or stillbirth. Pinterest provides four weeks of paid leave to parents who undergo a miscarriage.

Legal Protections & Limitations

As with so many areas, U.S. leave protections vary widely between state and local jurisdictions. A few states, like Illinois and California, offer only unpaid leave for reproductive loss, which many employees can’t afford. 

The same issue applies to the Family and Medical Leave Act (FMLA). Although it doesn’t apply to bereavement, FMLA provides eligible employees with up to 12 weeks of unpaid leave for serious health conditions, which may include complications from reproductive loss. However, FMLA only applies to employers with 50 or more employees and may not fully address the need for paid or specific reproductive loss leave.

Overall, many do not understand the laws or their rights, from paid sick leave that could cover pregnancy loss to FMLA allowances. A survey by InHerSight and Evermore found that 77% of respondents were unaware of their right to take time off under FMLA following a miscarriage or stillbirth.

There is also the Pregnant Workers Fairness Act, under which employees can request and receive “reasonable accommodations” for pregnancy and related conditions, including pregnancy loss and recovery. This federal law applies to employers with 15 or more employees and requires employers to provide the requested accommodations as long as they don’t entail undue difficulty or expense. It also protects employees from being fired, harassed, or punished for requesting or taking time off for pregnancy loss. 

Employers can make a difference by proactively addressing these gaps with policies and resources that put their team first. 

What Employers Can Do to Address Reproductive Loss

To create a culture of compassion and empathy, employers should consider offering expanded benefits and flexibility to employees who have undergone a fertility-related loss. As you develop these policies and resources, be sure to consider both women and non-birthing parents to provide more inclusion and support for families struggling with fertility.

Expand Your Bereavement Leave Policy

Start by expanding your bereavement leave policy to include reproductive loss as a recognized reason. Define clear guidelines to ensure equitable access for all parents, regardless of gender or role. 

Attorneys Natalie Groot and Danielle Dillon of Mintz say employers should consider:

• How much paid time off will you offer, keeping in mind both physical and emotional recovery? 47% of employers who offer this benefit provide 4-5 days off, but this varies widely.
• How your fertility-related loss leave policy will interact with state and local laws and other leave and PTO benefits.
• Building in flexibility—grief is not linear. Allowing employees to use their leave when and as needed (i.e., continuously and intermittently) caters to the challenges of emotional healing. 
• Using broad language when defining fertility-related loss to ensure an inclusive policy. Reproductive loss encompasses miscarriage and stillbirth, as well as failed surrogacy, adoption, and fertility treatments. 
• The process for employees who want to take this leave. Allow employees to notify their direct manager or any HR team member. This ensures they can speak with someone they’re comfortable with.
• What, if any, type of documentation will be required—although most employers don’t require this, and people don’t seem to abuse the benefit.

In fact, Groot spurred a change in Mintz’s bereavement leave policy after undergoing two miscarriages in just six months. The general practice law firm now provides 15 days of consecutive paid leave following a miscarriage and five days of paid leave in a 12-month period after a failed surrogacy, adoption, or fertility treatment. Companies nationwide have been following suit.

Offer Short-term Disability

Some employees may find they need more time to recover from the physical, mental, and emotional side effects after a pregnancy or reproductive loss and/or related medical treatment. By offering short-term disability (STD), you can give workers more time to heal from this trauma. 

Many employers offer STD insurance to provide supplemental income when employees need pregnancy-related leave. Not to mention, some states provide paid leave benefits like STD for medical leave related to pregnancy or disability. Review your state’s programs and laws to maximize coverage for team members who need it most. 

Allow Workplace Flexibility

Employees may need a gradual transition back to their work routine following a fertility-related loss. Encourage flexible scheduling or remote work options to continue supporting them during this challenging time. This may include: 

• Allowing employees to work reduced hours or take partial days off as needed
• Providing the option to work remotely during recovery periods
• Offering a “return-to-work” plan that gradually increases workload based on the employee’s readiness
• Implementing flexible deadlines or temporary reassignment of responsibilities to alleviate pressure

Provide Mental Health Support & Resources

If you already offer an employee assistance program (EAP) or another type of support group, remind employees of these resources and encourage them to use them. If you haven’t incorporated these wellness benefits yet, consider offering counseling and resources to help employees cope with grief and loss. 

An EAP alone typically comes with many other resources and benefits, including support for areas like marital/relationship problems, financial struggles, and substance or alcohol misuse. The beauty of these programs is they often extend to employees’ immediate family members or those living in employees’ homes. An EAP can be a significant way to show you prioritize employees’ mental health.

Making the Case for a Reproductive Loss Leave Policy

Offering paid leave for reproductive loss, along with additional support and resources, can put your whole team at ease—from those in the early stages of family planning to those already going through pregnancy, fertility treatments, surrogacy, or adoption. Expanding your bereavement policy to include these groups will only improve employee morale, loyalty, and productivity.

Remember to review and update all bereavement leave policies regularly to ensure they stay relevant and supportive as expectations and legal requirements evolve. By doing so, you’ll naturally foster a supportive, inclusive work environment. 

And of course, if you need guidance developing a reproductive loss leave or any other people policies, contact BlueLion today at 603-818-4131 or info@bluelionllc.com. Our HR specialists will gladly help you create a positive company culture.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

Sounds easy, right? Just pay out employees for their unused PTO, and voila! Everyone’s happy. 

Except it’s not that easy at all. In fact, you can’t simply make up your own cashout policy—you must follow specific guidelines and regulations to ensure compliance and avoid potential financial pitfalls.

Let’s break down what a PTO cashout policy is, the IRS requirements you need to be aware of, and the potential cash flow implications for your business if you don’t handle these policies correctly.

What Is a PTO Cashout Policy?

A PTO cashout policy allows employees to exchange their unused paid time off for cash instead of taking the days off. Similar to PTO rollovers, cashouts may seem like an easy way to keep employees happy, especially when they can’t or don’t want to use their accrued PTO. However, it’s not as simple as offering cash in place of time off—you need to establish clear guidelines that are in compliance with both state and federal laws.

You Can’t Just Make Up a Cashout Policy

One common misconception among employers is thinking they can create a cashout policy on the fly. In reality, PTO cashout policies must comply with existing labor laws and IRS requirements. Failing to do so could lead to unintended tax consequences and legal issues for your business and employees.

Here are a few things you need to consider as you consider offering a cashouts to your paid leave policies:

• Consistency with State Laws: Some states require employers to pay out unused vacation time upon termination, while others don’t. Even if your business isn’t based in a state with strict requirements, it’s still a best practice to have a well-defined policy that clearly outlines when and how PTO can be cashed out.
• Non-Discrimination: If you decide to offer PTO cashouts, your policy must be applied consistently and fairly across all employees. You can’t selectively allow some employees to cash out while denying others the same opportunity, as this could lead to discrimination claims.
• Clear Communication: To avoid misunderstandings and potential disputes, you must clearly communicate your PTO cashout policy to all employees, ideally in your employee handbook. Include details on eligibility, the timing of cashouts, and any applicable limitations.

IRS Requirements & Tax Implications

When it comes to PTO cashouts, the IRS treats these payments as supplemental wages under the “constructive receipt” rule (similar to bonuses or commissions). This means you must follow specific withholding rules:

• Withholding Requirements: PTO cashouts are subject to federal income tax, Social Security, and Medicare taxes. The IRS requires you to withhold taxes at the appropriate rate, which is typically a flat 22% for supplemental wages. You could face penalties and interest if you fail to withhold the correct amount.
• Reporting on W-2s: Any cashouts should be accurately reported on the employee’s W-2 form at the end of the year to ensure you and your employees are meeting tax obligations.
• State and Local Taxes: Don’t forget that state and local tax rates might also apply to PTO cashouts. Check the tax laws in your state to avoid any surprises.

And yes, this means that if you establish a PTO payout policy allowing employees to cash out a certain amount each year, it counts as income—even for employees who don’t cash out any PTO! 

If your current policy permits this, chances are you’ve been underreporting workers’ income and withholding insufficient income and payroll taxes. In this case, it’s time for an immediate review with your HR and legal teams.

The Cash Flow Implications for Your Business

Allowing employees to cash out their unused PTO might seem like a good idea on the surface, but it can lead to significant cash flow issues for your business if not properly managed. Here are a few potential challenges:

• Unplanned Expenses: If multiple employees decide to cash out their PTO simultaneously, you could face a large, unplanned payout—which could strain your business’s cash flow.
• Payroll Budgeting: Since PTO cashouts are considered a payroll expense, they can quickly inflate your payroll costs if not planned for in advance. This might also impact your ability to invest in other business areas.
• Impact on Morale and Productivity: While offering a cashout option might seem like a perk, it could inadvertently encourage employees to forgo taking time off. Regular time away from work is crucial for employee well-being, and a lack of breaks could lead to burnout and decreased productivity.

Best Practices for Implementing a PTO Cashout Policy

To avoid these potential pitfalls, start by limiting the amount of PTO that employees can cash out in a given year to protect your cash flow. For example, you might allow cashouts only once per year or limit them to a specific number of days.

You should also consider implementing cashout windows, such as at the end of the fiscal year or during slower business periods, to better manage your cash flow. Before rolling out a PTO cashout policy, consult with a legal or HR professional to ensure you’re complying with all relevant laws and regulations. Running it by your accountant to understand the impact on your budget is also wise.

If you do want to offer PTO payouts to employees, use an option that complies with tax laws, such as:

• Offer Conditional Cashouts: You can require employees to maintain a minimum balance of PTO before they are eligible for a cashout. For instance, employees could only cash out PTO once they have accrued at least 80 hours, with the option to cash out anything above that amount. This ensures they still have enough time available for rest and prevents complete depletion of their PTO balance.
• Structured Cashout Percentage: Employers may offer a policy where only a percentage of the accrued PTO can be cashed out (e.g., 50% of the total hours). This reduces the immediate cash liability for the business while still giving employees the benefit of some extra income.
• Cashout Cap: You could also put a maximum limit on the number of hours that can be cashed out annually. For example, the policy might allow a maximum of 40 hours of PTO to be cashed out per year, regardless of the total amount accrued.
• Incentivize Time Off Usage: Encourage employees to use their PTO by offering a higher payout rate for time off taken rather than cashed out. For example, you could offer 100% of the PTO value when used for time off, but only 80% of its value if cashed out.

Rethink That PTO Cashout Policy

While a PTO cashout policy can be a valuable benefit for your employees, it’s crucial that you design and implement it carefully. Following IRS requirements and being mindful of your cash flow will help you avoid unexpected financial issues. Remember, you can’t just make up a cashout policy—take the time to ensure that it’s legally compliant and financially sound.

If you’re unsure about the best approach for your business, contact BlueLion to guide you through the process and help you create a policy that works for both your team and your bottom line.

That leaves many employers wondering how the election year will impact their workplace and how to handle it while keeping their teams safe, satisfied, and productive. Navigating politics at work is no easy feat, as related conversations are more prevalent than ever. At the very least, they can cause disruption and tension when not addressed. Worse, they can result in conflict and a toxic environment.

Leaders and HR departments must now take a more proactive, empathetic approach to politics. But what does that look like, exactly? Let’s dive in below. 

Create a Psychologically Safe Environment

Developing a psychologically safe space with a focus on mental health should be a priority not only during an election year but 24/7. Start by getting a pulse on current employee sentiments about whether they feel safe in the workplace via anonymous surveys or other tools or by simply listening. This will help you understand your strengths and weaknesses regarding empathetic and respectful discussion, and then provide guidance and coaching where necessary.

Understand that an election year can be stressful for people. The SHRM study also found that “1 in 5 U.S. workers (20%) have experienced poor treatment in the workplace by coworkers or peers due to their political views.”

Foster a safe environment for employees to share political views without fear of ridicule or retaliation. Remind people that it’s okay to have conversations and disagree, and it’s possible to do so without becoming disrespectful or hostile. 

Research by workforce resilience platform provider meQuilibrium (meQ) shows that in workplaces with strong psychological safety, “employees are 60%-90% less likely than others to report uncivil behavior on their teams.”

Bottom line: Investing the time, energy, and resources into creating a psychologically safe space is worth it and makes a difference!

Don’t Ban Political Discussions

During the 2020 election, Zippia’s survey of 2,000 workers reported that 47% admitted to talking politics at work, and 79% found themselves distracted by the election. 

Prohibiting political discussions in the workplace may be tempting, but it’s often unrealistic—and can backfire. Instead, talk openly about your company values and remind people that everyone has different views and experiences. 

There’s also the matter of protected speech and concerted activity. Employers can ban activities like campaigning and wearing political attire at work. However, National Relations Board general counsel Jennifer Abruzzo told SHRM that political conversations may be covered by the National Labor Relations Act. 

Remind team members that while they have freedom of speech, they are responsible for their words and actions and how they affect their colleagues—and free speech does NOT cover inappropriate activity and language such as verbal abuse, bullying or harassment, disrespectful behavior, and threatening language and behavior. Create boundaries that allow for healthy conversation but prevent it from crossing the line. 

Simply put, emphasize mutual respect!

When crises or significant social/political events occur, take the time to determine how your organization will respond. We get it—this can be tricky. How can you respectfully speak on sensitive matters with your team and the public while accounting for various experiences and backgrounds? This is where consulting with a diversity, equity, and inclusion (DEI) expert can guide the way on a case-by-case basis.

Train Managers & Leaders

Successfully navigating an election year at work starts at the top, so companies should provide training and workshops for management to enhance their skills around sensitive topics like politics, racism, social issues, and world events. Your leaders should:

• Know how to facilitate open, respectful dialogue rather than shy away from it
• Get comfortable with the uncomfortable
• Remain neutral with an open ear without disregarding an employee’s opinions or experiences

Management should also focus on building rapport and trust with their employees—effective leaders will likely do this naturally. A 2023 survey by Development Dimensions International (DDI) found that less than a third of employees believe senior leaders at their workplace do “what’s right.” This drop shows the growing division and distrust, which is just another reason HR and leadership must focus on it now.

Communicate a zero-tolerance policy for hostile, harmful rhetoric and know how to address it. You might also host a company-wide meeting before, during, or right after Election Day to remind your team about healthy, safe dialogue—and to avoid discussions they can’t keep civil. During this meeting, leadership can reinforce the zero-tolerance policy on harassment and harmful behavior.

Review & Update Your Policies

Have you pulled out the employee handbook and revisited your political activity and civility policies recently? If not—or if you haven’t developed these policies yet—now is the time.

A political activity policy provides expectations and guidelines to prevent political discussions and activities from disrupting the work environment or damaging your company’s reputation. This document promotes an inclusive and respectful company culture by mitigating conflict between employees. A political policy typically:

• Outlines prohibited behavior (e.g., campaigning, soliciting, wearing political attire)
• Requires workers to ensure their political activities do not negatively impact the business
• Defines unacceptable behavior, like harassment or discrimination based on political beliefs

While a civility policy is particularly relevant during an election year, it should also guide your team on respectful, professional behavior year-round. With political rifts growing, this policy is becoming more common in employee handbooks. This document outlines acceptable and unacceptable behavior, therefore helping your business: 

• Foster a positive and respectful work environment—which can boost morale and productivity
• Prevent incidents of workplace harassment, discrimination, or violence, along with legal liabilities
• Showing employees, customers, and partners that you’re committed to creating a safe and respectful environment

Note that clarity and specificity are critical when describing unacceptable behavior. Learn more about political activity and civility policies and what each should include.

A Realistic Outlook & United Workforce for Election Year

If you know BlueLion, you know we keep it real—and there’s no sugarcoating the challenges of this politically and socially tumultuous time. So, if you’re wondering how to deal with politics at work, the first answer is not to simply look the other way.

Employers and HR professionals can bring their employees together by facing it head-on and instilling a culture of compassion, respect, and inclusion. People might even learn and gain perspective from one another’s experiences!

Do you need help navigating politics in the workplace? Whether you need guidance on policy development or handling a specific situation, BlueLion has your back. Contact us today at 603-818-4131 or info@bluelionllc.com. 

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

This is a delicate area where HR and leadership must make an effort to build positive relations with unionized employees, negotiate a contract, and adhere to it. Read on for five steps to adhere to the union contract, plus best practices for a continued successful relationship.

1. Establish & Understand the Collective Bargaining Agreement

If employees have recently unionized, leadership, HR, and your legal counsel should ideally draw up a CBA. This contract outlines requirements and protections for both parties, mitigating uncertainty. The CBA typically includes terms and conditions of employment, such as: 

• Wages
• Hours and breaks
• Benefits
• Dispute resolution and disciplinary action procedures
• Anti-discrimination laws

…and many more. The more detailed these terms and conditions are, the more likely you’ll be to avoid future conflict.

The union agreement should note how long it will be valid. Once the contract expires, both parties must meet to negotiate a new contract in good faith. Revisit the CBA regularly and ensure both sides follow all stated policies and procedures. 

While the National Labor Relations Board (NLRB) mandates that the employer and union meet and neither can refuse to bargain collectively, parties do not HAVE to come to an agreement. Just remember that this can complicate and draw out the situation. 

For example, if you declare an impasse and move forward with the last offer you presented to the union, the union can refute this and file an unfair labor practice for failure to bargain in good faith. At this point, the issue is brought to the NLRB, which will decide whether an impasse was reached.

2. Address Conflict Resolution & Disciplinary Action

A union agreement usually outlines terms and procedures for handling grievances or corrective actions. For example, it might include a shop steward representation provision granting employees the right to have a union representative present during investigatory or disciplinary meetings with management. The rep acts as a witness and advocate for the employee and helps protect their rights during the process. 

CBAs often include guidelines for handling workplace conflicts and complaints, including a process, timelines for resolution at each step, and arbitration if the issue remains unresolved. 

Union workers may bring grievances to management through your organization’s internal policies and procedures or approach their union for support. If an employee turns to the union, the union must then inform your business and represent the employee. Typically, conflicts can be resolved quickly and internally when addressed proactively. While the union could opt for legal action in extreme cases, this is not the norm.

3. Manage Union Dues

Most unions require members to pay monthly fees to support activities and operations, which are often defined in the CBA. These union dues are typically handled through a payroll deduction and cover things like negotiating and enforcing contract terms, representing members in grievance procedures, and funding other union activities such as organizing campaigns and political advocacy.

The process usually includes: 

1. Authorization: When an employee becomes a union member, they typically sign an authorization form consenting to have union dues deducted from their wages.
2. Payroll Deduction: The employer deducts the agreed-upon amount of union dues from the employee’s paycheck regularly, usually each pay period.
3. Remittance to Union: The employer then submits the fees to the union on behalf of the employees.

4. Commit to Compliance

While compliance is critical for any employer, it is particularly sensitive for those with unionized workforces.  First, you should understand and adhere to labor laws, including: 

• Fair Labor Standards Act (FLSA): The FLSA dictates federal requirements for minimum wage, overtime, and child labor laws. 
• National Labor Relations Act (NLRA): Union employees’ rights to collective bargaining and concerted activity are protected by NLRA provisions.
• Occupational Safety and Health Act (OSHA): OSHA includes regulations around creating a safe and healthy workplace to ensure employee well-being.

Additionally, you should implement policies and practices to protect your workers and ensure a culture of equity and inclusion, such as: 

• An anti-harassment and discrimination policy addressing vital areas like fair hiring and promotion practices, compensation, and corrective actions.
• Following employee privacy laws—certain information, like age, marital status, religion, and sexual orientation, are off-limits.
• Knowing when to classify workers as W-2 employees vs. independent contractors—misclassification can subject you to legal action and significant penalties.

Make sure you understand and adhere to federal labor laws AND your state’s regulations. Requirements vary when it comes to labor unions, minimum wage, salary history and background checks, anti-discrimination policies and training, and more. Your HR and legal teams should guide you on these topics so nothing is overlooked.

5. Foster Positive Union Relations

In addition to thoroughly defined and prompt conflict resolution processes, leadership and HR teams can maintain good relationships with union employees and representatives through open, honest communication. Consistent and transparent conversations strengthen trust and prevent minor concerns or misunderstandings from escalating.

CBAs and labor laws around unions can be complex and ever-changing. Train both managers and employees on their rights and duties and encourage them to view one another as team members rather than opponents. Doing so gives them the knowledge and skills to create a positive work environment and resolve issues peacefully. 

Bonus Tips: 4 Labor Union Compliance Mistakes to Avoid

Swaying Employee Union Decisions

If employees come to HR or management asking about the union and whether they should join, your company should always respond neutrally. Simply let them know that they have the right to become union members and refer them to a union representative for more information. 

Discarding Union-related Documentation

We’ve said it before about employee documentation, and the same goes for union-related documents—keep everything! That goes for complaints, disciplinary action, workplace investigations, and other issues regarding the union and its members. These files can protect your business if legal action arises down the road.

Failing to Adhere to the CBA

Your company’s safest bet is to stick to the union contract, which will prevent most issues. Even a minor violation could damage union relations and, worse, result in a lawsuit against your business. Potential shortcuts are simply not worth the risk!

Not Taking Unions Seriously

Many unions are well-organized and mean business, with dedicated attorneys, member benefits (e.g., health insurance and retirement plans), and strong relationships with the local government. Ignoring or dismissing the union’s concerns or demands could lead to:

• Decreased morale, escalating tensions, and labor disputes, in turn, disrupting productivity and operations
• Reputational damage because your company is viewed as anti-union and insensitive
• Legal action by the union, which could file unfair labor practices charges with labor relations boards or take your company to court
• Difficulty attracting and retaining skilled workers

Respecting the Labor Union Agreement

Once you establish a CBA with the union, protecting your company and employees is as simple as honoring that contract and following employment and labor laws. You’ll enjoy a much more fruitful, positive relationship with union workers when you maintain transparent communication and view one another as team members. 

Of course, labor unions and relevant laws are complex, so having experienced legal counsel and HR professionals by your side will help you navigate the process and negotiations much more smoothly. If you’re still searching for that HR partner, contact BlueLion at 603-818-4131 or info@bluelionllc.com to learn how we can help today!

Keep reading for our breakdown of the most common questions:

• What is Massachusetts Paid Family and Medical Leave?
• What kind of workers are eligible? 
• How does MA PFML work? 
• When can employees use it?
• What does the application and review process involve?
• What does the new “top off” legislation say?

Click any of the above to jump to a certain section, or keep scrolling for the full breakdown!

What is Massachusetts Paid Family & Medical Leave?

MA PFML is a state-offered benefit for Massachusetts workers, run by the state’s Department of Family and Medical Leave (DFML). It provides up to 26 weeks of paid leave per benefit year for qualifying medical or family reasons. The PFML is funded through a state tax and is separate from both the FMLA and leave benefits your employer may offer.

Note: Employers that offer a DFML-approved private or self-insured plan with benefits equal to or greater than PFML are exempt from making PFML contributions.

Learn more about MA Earned Sick Leave Law, another essential benefit for Commonwealth workers.

What kind of workers are eligible?

Most Massachusetts workers are eligible for PFML, including W-2 employees, self-employed individuals, and 1099-MISC contractors, as long as they’ve met the minimum earnings requirement set annually by the Department of Unemployment Assistance (DUA).

W-2 Employees

This means full-time, part-time, or seasonal employees. Employees are eligible if their employer doesn’t have a DFML-approved private paid leave plan with benefits that are equal to or greater than PFML coverage. 

Former W-2 employees can also qualify if they have been unemployed for 26 weeks or less at the start of their leave, regardless of the termination reason.

Out-of-state employees are also eligible if the employer reports their wages to the Department of Unemployment Assistance.

Self-employed Individuals

Self-employed individuals may opt into MA PFML coverage, which you can do through MassTaxConnect. Your enrollment starts on the date you opt in. You must then: 

• Stay enrolled for at least 3 years
• File quarterly earnings reports during this time
• Make the full quarterly contributions for both family and medical leave based on your earnings

To be eligible, a self-employed worker must:

• Have met the DUA’s minimum earnings requirement during the last 4 completed calendar quarters
• Earned at least 30x the benefit amount that you are eligible for
• Contribute for at least 2 of your last 4 completed calendar quarters before claiming benefits

1099-MISC Contractors

1099-MISC contract workers who are self-employed and work for a business with a workforce made up of at least 50% 1099-MISC contractors are also eligible for PFML.

How does MA PFML work?

Get the low-down on how MA PFML is funded and administered.

Employer Cost & Responsibilities

Whether or not employers must contribute to the PFML fund depends on their total workforce size. If you had 25 or more covered employees last year, then you must make employer contributions for those covered workers. If you had fewer than 25 covered employees last year, then you don’t need to make an employer contribution this year. However, you will need to send the employee’s contributions on their behalf.

If you are responsible for MA PFML employer contributions, you can calculate them on MassTaxConnect. In 2024, employers must make a contribution of 0.88% of eligible wages (0.18% for family contribution + 0.70% for medical contribution), which can be split between covered individuals’ payroll or wage withholdings and an employer contribution. Specifically:

• Up to 100% of the family leave contribution (0.18%) can be withheld from a covered employee’s wages
• Up to 40% of the medical leave contribution (0.28%) can be withheld from a covered employee’s wages, while employers must contribute the remaining 60% (0.42%)

For exempt employers with 25 covered individuals or fewer, you must withhold and submit a contribution of 0.46% of eligible wages. However, you don’t need to pay an employer share. 

Benefit Amount

Do you have employees asking you about how much they’ll receive from their MA PFML benefits? 

The amount an individual is eligible to receive is calculated based on their individual average weekly wage (IAWW), the average weekly wage for MA workers, their benefit year, and the type of leave they’re taking. In 2024, this amount is capped at a maximum weekly benefit amount of $1,149.90.

If an individual:

• Receives unemployment or worker’s compensation benefits
• Uses leave that crosses benefit years
• Works part-time or takes reduced/intermittent leave

It could impact their leave benefits.

The DFML reevaluates the average weekly wage in MA each October. The new maximum benefit amount begins on January 1 of the following year.

Benefit Year

The benefit year:

• Is a rolling calendar of 52 weeks
• Starts on the first week that an individual takes leave through any program
• Is calculated on weeks beginning on Sundays

For example, if an employee starts their leave on a Wednesday, their benefit year starts the Sunday before starting your PFML, which is the beginning of that week. 

The individual’s benefit year determines their benefit rate, which stays the same for the whole benefit year, even if they submit multiple applications or take different types of leave. This rate only changes when they start a new benefit year.

7-Day Waiting Period

There is a seven-day waiting period before an employee can receive the weekly benefit amount. This week is unpaid and counts against their total available leave for the benefit year. For example, if they’re approved for 10 weeks of PFML, they’ll receive 9 weeks of paid benefits.

If the employee is approved for intermittent leave, the waiting period will be seven consecutive days after their leave begins, whether they take leave on those days or not.

This waiting period applies for each instance of paid leave, with one exception: A new mother takes medical leave either during pregnancy or to recover from childbirth. They then choose to take family leave to bond with a child immediately after the medical leave. There will be a waiting period for their medical leave, but it will be waived for the family leave.

Employees can use accrued paid time off (PTO) during the waiting period, but employers cannot require staff to use PTO during this time. If they opt to use PTO, they will need to:

• Use it over a continuous, uninterrupted block of time before or after their PFML benefits start or end date
• Use it only once during their leave period
• Come to an agreement with the employer on their PTO and schedule before their leave starts

Examples: 

• You’re approved for 10 weeks of PFML and use 1 week of PTO. You will receive your full salary during the waiting week and 9 weeks of paid benefits from the DFML.
• If you choose to use 2 weeks of PTO at the beginning of your 10-week leave, you will receive your full salary during that time. You’ll then receive 8 weeks of PFML.

When can employees use it?

Employees can take advantage of MA PFML for:

• Up to 20 weeks of paid medical leave to care for their own serious health condition
• Up to 12 weeks of paid family leave to bond with a child during the first 12 months after birth, adoption, or foster care placement
• Up to 12 weeks of paid family leave to manage affairs while a family member is on active duty
• Up to 26 weeks of paid family leave to care for a family member who suffered an injury or illness while serving in the armed forces
• Up to 12 weeks to care for a family member with a serious illness, injury, or pregnancy/childbirth

A serious health condition is a physical or mental condition that prevents the individual from doing their job for more than three consecutive full calendar days and requires one of the following:

• Two or more treatments by a healthcare provider (in-person or telehealth visit) within 30 days of an inability to perform their duties
• Overnight stay in a hospital, hospice, or medical facility
• At least one treatment by a healthcare provider within 30 days of an inability to perform their duties, with plans for continued treatment, including prescriptions

Learn more about what types of health conditions are covered from the Mass.gov PFML benefits guide.

What does the application and review process involve?

Encourage employees to talk to management and HR to find out if they’re covered and provide notice of their need to take leave. Employees can apply for paid leave up to 60 days before when their leave would start but request that they give you at least 30 days’ notice, if possible. 

Next, they must apply for PFML directly through the DFML, which determines their eligibility and administers PFML. Employees should prepare key information and documentation for their application, including:

• Reason for leave
• The date they notified you (the employer) that they need to take leave
• The date they are planning to take leave or when it started
• A copy of their ID (e.g., driver’s license or state ID) to send via online or mail
• Bank account information
• Phone number that can receive text messages
• Information from a certified health care provider about the serious medical condition the employee or their family member is experiencing
• Your employer identification number (EIN)
• Information about their child’s birth, adoption, or foster care placement, if applicable

Here’s what happens when an employee applies:

1. Before reviewing MA PFML applications, you will need to create a PFML employer account and register as a verified leave administrator.
2. You receive an email notification from the DFML when an employee submits an application.
3. You will then confirm whether the employee has available PFML for the type of leave requested, how much PFML they have remaining in the benefit year, their work pattern or hours, and if any of the details provided indicate fraud.
4. You’ll have 10 business days to review the employee’s application and respond to the DFML with the requested information. If you fail to respond promptly, the DFML will proceed with the application using only the information the employee provided.

Learn more about what the review process entails. 

What does the new “topping off” legislation say?

Employees who apply for MA PFML after November 1, 2023, can supplement or “top off” this benefit with their accrued vacation, sick, or other paid leave under their employer’s policy. Those who filed or started their leave prior to this date do not qualify to supplement their PFML pay.

Is there a limit?

Yes, an employee may top off their weekly PFML benefit with their accrued PTO up to their IAWW. For example, if an employee with an IAWW of $1,500 receives $1,100 per week in PFML, they can use up to $400 per week from their banked PTO. 

Note that as the employer, you are responsible for managing PFML benefits and ensuring they do not exceed the employee’s IAWW. If an employee receives too much, you’ll need to work with them to manage those repayments. The DFML does not handle overpayments.

What is the Individual Average Weekly Wage?

The DFML determines an employee’s IAWW based on how much they’ve earned in the last four calendar quarters prior to the start of their benefit year. More specifically, the DFML looks at the two quarters when the employee earned the most (or the one quarter when they made the most if they only worked two quarters or less). Their IAWW is the average amount they earned per week in those two quarters.

You can calculate an employee’s weekly PFML benefit amount and IAWW if you have a registered Leave Administrator. You can’t access this information without registering—which you must do to remain compliant with PFML requirements and ensure employees receive the correct amount.

Does it matter what kind of leave is used to top off?

This depends on your company’s PTO policies. For example, an employee most likely could not use paid sick leave to supplement their family bonding leave benefits if your sick leave policy doesn’t allow this. This applies as long as your existing PTO policies don’t discriminate and inhibit an employee’s rights under the PFML program. 

What if we provide unlimited PTO and/or holiday pay?

This is another instance where you’ll have to check your PTO policies. We know, it’s not a straight answer—but unfortunately, it’s not so black and white. Remember, employees can use any accrued paid leave provided under their policy. 

When it comes to unlimited PTO, this could depend on how/if your organization tracks employees’ accruals. 

What if you provide holiday pay, and an employee is out on leave when a holiday occurs? Again, refer to your policy to determine if they can use the holiday pay to top off their PFML benefits.

All of the above are subject to your PTO policies, provided they don’t discriminate against an employee for taking advantage of their rights under the PFML program.

How can employers manage the use of topping off with employees?

To successfully manage the process of topping off MA PFML with your employees, keep these tips in mind:

• To calculate an employee’s top-off amount, use this simple formula: IAWW – PFML benefit amount = max they can receive using their PTO
• You and the employee do not need to report how much they use for topping off. Keep them updated on what leave they can use and when, and remind them they don’t need to report this on their PFML application.
• Let them know that topping off their PFML payments will NOT impact their weekly benefit amount.
• Employers have the option to set a smallest increment of leave use policy. In other words, you may establish the smallest increments of leave an employee can take. The DFML’s will pay intermittent PFML benefits for as low as 15-minute increments.

Are you a Bay State employer with questions about MA PFML eligibility, how the benefit works, the application process, or the new topping off allowance? Contact BlueLion for guidance at info@bluelionllc.com or 603-818-4131. Our human resource experts will be happy to walk you and your team through the process to ensure you handle the benefit properly. 

We’re here to calm your fears and shed light on the DOL audit process, providing you with a roadmap to navigate it confidently. Understanding what to expect and how to prepare can transform this seemingly daunting endeavor into an opportunity for growth, compliance, and operational improvement.

We’ll dive into the key aspects of DOL audits and equip you with practical strategies to ensure a smooth audit experience. From preparation tips to best practices during the audit, we’ll guide you every step of the way.

Rather than viewing a DOL audit as a threat, consider it an opportunity to fine-tune your policies, strengthen your practices, and showcase your commitment to fair employment practices and regulatory adherence.

So, take a deep breath, and let’s demystify the world of DOL audits!

What triggers a DOL audit?

The DOL may conduct audits of employers to ensure compliance with labor laws and regulations. While the reasons for a DOL audit may vary, common triggers include:

• Reported complaints or violations: Employee complaints of labor laws such as wage and hour violations, discrimination, or unsafe working conditions, could trigger an audit.
• Targeted industry or geographic focus: Specific industries or geographic regions are known for issues like high violation rates, prevailing wage concerns, or enforcement priorities. For example, food service, healthcare, and hospitality businesses are often targeted because of historically low wages and hour violations.
• Random selection: In some cases, the DOL may select employers for audit randomly to ensure a broad range of compliance enforcement across various industries.

What should we expect from a DOL audit?

So, you’ve been notified that your business is the lucky winner! Don’t sweat it. Here’s how the DOL audit process typically goes:

1. Notification

You will typically receive a written notice or letter from the DOL notifying you about the audit, its purpose, and the information and records you need to provide. 

Pro Tips: 

• You’ll likely receive short notice, but you can request more time to gather the necessary records. The auditor will decide whether or not to grant your request.
• Ask the auditor what they will investigate (e.g., hour and/or wage compliance, employee classification, etc.), the date range for records they wish to review, and which employees they plan to interview. Again, the auditor will decide whether to provide additional information.

2. Onsite Visit

DOL auditors usually visit the employer’s premises to review records, policies, and procedures; interview employees; and gather information relevant to the audit.

3. Record Examination

A DOL auditor will request various records and documents depending on the focus of the investigation. This includes but is not limited to payroll records, timekeeping records, employment contracts, wage rates, employee classifications, benefits information, and safety records.

4. Interviews

DOL auditors may interview employees to gather information and assess your organization’s compliance with labor laws and regulations.

5. Compliance Review

The auditors will review your company’s practices and policies to ensure compliance with applicable laws, such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Occupational Safety and Health Act (OSHA), and other relevant regulations.

6. Findings & Recommendations

Following the audit, the DOL will provide the employer with findings and recommendations, which may include suggested corrective actions to address any identified violations or areas of non-compliance. 

How can we help the process go smoothly?

During the DOL audit, you can take the following steps to ensure a seamless process: 

1. Designate a point of contact

Designate an internal point of contact to liaise with the DOL auditors and coordinate the audit process and interviews. This person should know the organization’s policies, practices, and recordkeeping. Good candidates are often your attorney or a senior manager.

2. Cooperate and be responsive

Respond promptly and thoroughly to all requests for information and records from the DOL auditors. Cooperate with the auditors during their onsite visits and provide them with the necessary facilities and personnel.

Pro Tip: Give the auditor a quiet space to conduct their investigation and employee interviews privately. 

3. Maintain open communication

Maintain open and professional communication with the auditors. Address any questions or concerns they may have, and provide clarifications or additional information when necessary.

4. Document interactions and findings

Record all interactions with the auditors, including notes on discussions, requests, and information provided. This documentation can be valuable for reference and future follow-up if needed.

Pro Tip: ONLY provide the auditor with the documents they request.

5. Seek legal counsel

If complex legal issues arise during the audit or if there are concerns about potential violations, seek legal counsel to provide guidance and representation.

Remember that each DOL audit may have specific requirements and processes, so it is essential to consult legal professionals with expertise in labor law compliance to ensure proper preparation and adherence to the audit process.

How can we stay prepared for a DOL audit year-round?

Follow these proactive steps to keep your company compliant and ready for a DOL audit at the drop of a hat!

Conduct an internal audit

Review your organization’s policies, procedures, and practices to ensure compliance with relevant labor laws and regulations. Identify areas where potential violations may exist and take corrective action in advance, if possible.

Your internal audit should also include reviewing and updating all job descriptions, wages for each role, and the reason for each pay rate.

Pro Tip: Although employee handbooks and job descriptions aren’t legally required, creating and keeping them updated is best practice. Both can also demonstrate that your company treats and compensates all employees fairly.

Organize and maintain accurate records

Ensure that all required records, such as payroll, timekeeping, employment contracts, and safety documentation, are accurate, complete, and well-organized. This includes maintaining historical records for the appropriate time periods as required by law. For example, payroll records must be kept for at least three years. Check the labor laws in your state, as these can vary!

Educate management and staff

Train managers and staff on labor laws and regulations, including topics such as wage and hour requirements, employee classification, discrimination and harassment prevention, and safety regulations. Well-informed employees can help ensure compliance and proper documentation.

Seek legal counsel

Yep, it’s on here again! You should have your legal counsel review your policies, practices, and recordkeeping procedures regularly or whenever you make changes. They can help ensure compliance with new or updated policies and practices and help prepare for a potential audit.

Remain ready and don’t stress a DOL audit!

While a DOL audit may initially instill anxiety, arming your team with the right knowledge and preparation makes it a manageable process. Now, you understand the critical aspects of DOL audits and have valuable insights to calm your fears and navigate the journey easily.

By reviewing your policies, organizing records, and educating your team, you can proactively prepare for a DOL audit. Conducting internal audits and seeking legal counsel ensures you’re on the right track. During the audit, maintain open communication, cooperate fully, and document interactions for future reference.

Remember, a DOL audit is an opportunity for growth and improvement. It allows you to showcase your commitment to compliance and fair employment practices. Use this time to fine-tune your policies, address any potential issues, and demonstrate your dedication to the well-being of your employees.

Do you have additional questions about DOL audits or need guidance in labor law compliance? Contact BlueLion today at 603-818-4131 or info@bluelionllc.com to learn how our diverse HR specialists can help you protect and prepare your business!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

Of course, you care about your team. You can’t imagine discriminating against them, never mind punishing them for acting within their rights.

But this is where it gets tricky—and why workplace retaliation claims are the most common filed with the Equal Employment Opportunity Commission (EEOC). Employers often fail to: 

• Understand what falls under protected activity
• Train management on handling employee complaints
• Develop a complaint process and policy
• Enforce policies equally company-wide

So, what qualifies as retaliation, and how can you avoid it in your organization? We’re breaking it down below.

What is workplace retaliation?

Workplace retaliation occurs when an employer punishes an employee for engaging in protected activity. This can come from a manager, supervisor, administrator, or business owner.

For instance, this could mean a salary reduction, denying a raise or promotion, demotion, or job or schedule change. More subtle workplace retaliation examples can include a negative performance review or removal from an important project.

These are known as adverse actions, as they are meant to intimidate a reasonable employee from making a complaint against the employer or engaging in any protected activity.

What qualifies as protected activity?

Under federal law, employees and applicants have the right to complain about workplace harassment or discrimination directly to their employer and external bodies like the EEOC without fear of retaliation. There are many types of protected activity, such as:

• Filing an EEO charge, complaint, investigation, or lawsuit
• Acting as a witness or answering questions during a discrimination or harassment investigation
• Reporting discrimination or harassment to a manager or supervisor
• Declining orders that would result in discrimination
• Rebuffing sexual harassment or intervening to protect others
• Requesting a religious or disability accommodation
• Inquiring about salary information with managers or coworkers to uncover potentially discriminatory wages
• Discussing wages, benefits, or other working conditions

A complaint doesn’t have to be formal to be protected—it is protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws.

Keep in mind that these protections apply to all:

• Employees (full-time, part-time, seasonal, temporary, and probationary)
• Job candidates
• Former employees covered by EEO laws
• Employees who complain about perceived discrimination against coworkers

Their citizenship or work authorization is irrelevant.

How does this relate to disability accommodation requests?

Workplace retaliation can occur when an employee with a disability requests a reasonable accommodation and then experiences adverse action(s) as a result. Even if they receive the accommodation, a manager or coworkers could retaliate in one of the ways listed above or by creating a hostile work environment.

Employers have a legal obligation to provide reasonable accommodations to employees with disabilities. They cannot retaliate against employees for requesting an accommodation or exercising their rights under the Americans with Disabilities Act (ADA).

To avoid workplace retaliation claims, employers must create a culture that supports disability accommodations and ensure employees feel comfortable requesting them without fear of retaliation. 

Learn how to properly handle an ADA accommodation request properly to give employees what they need and keep your company compliant.

How to Prevent Workplace Retaliation Claims

In addition to understanding what qualifies as protected activity and illegal adverse actions, employers can create a safe company culture and avoid workplace retaliation by:

Creating well-defined policies

Establish detailed anti-discrimination and anti-retaliation policies that are communicated to all employees. Clearly state that retaliation is prohibited and encourage employees to report retaliatory behavior immediately.

Key elements of a solid anti-retaliation policy include:

• Examples of retaliatory behavior
• Guidance on avoiding actual or perceived retaliation
• A complaint process for staff to report retaliation
• An outline of the investigation process
• A statement that employees may be disciplined or fired for retaliation

Establishing a complaint process

When an employee makes a complaint or raises concerns of retaliation, adhere to the complaint process as outlined in your anti-retaliation policy by:

• Taking every complaint seriously and documenting it
• Asking the employee questions to gain a full understanding of their concern
• Following through with the investigation process

Provide multiple channels for employees to raise concerns or report incidents of retaliation. For example, if an employee has a complaint against their direct supervisor, they will likely want to report it to someone else. Make it clear who they can go to—whether it’s an HR staff member or an alternate manager.

Encouraging open communication

Encourage open communication between employees and managers through regular interactions. Managers should schedule meetings and office hours so their teams know when to discuss concerns. Building this trust through consistent engagement will make employees feel more comfortable reporting discrimination, harassment, or retaliation if they do arise.

Many companies also establish an open-door policy to foster a transparent, communicative work environment. An open-door culture has many benefits, including learning about issues and addressing them early—but your policy must be carefully thought out to be successful.

Training management on anti-retaliation practices

Similarly to harassment training for managers, employers should hold separate training on workplace retaliation for those in leadership positions. This should cover: 

• The anti-retaliation policy 
• The discrimination and retaliation complaint process
• Common behaviors associated with retaliation and how to identify and avoid them
• Enforcing these policies and practices consistently across their teams
• That they CANNOT punish an applicant or employee for filing a complaint

Receiving allegations of harassment or discrimination can lead to heated, emotional reactions, often getting managers in hot water. It’s easy to take this serious complaint personally and want to defend yourself or punish an employee. 

Hence why training leadership on what they can and cannot do is vital to mitigating further issues!

At the end of the day, you can prevent workplace retaliation claims by creating a culture of open communication, transparency, and fairness accompanied by solid policies. And when you prioritize diversity, equity, and inclusion, the rest should come naturally, and you’ll lower your risk of discrimination and harassment issues to begin with!

Need guidance on establishing these policies and processes? Contact BlueLion today at 603-818-4131 or info@bluelionllc.com to learn how our HR consultants can help you create a safe, inclusive work environment!

Employment drug testing has traditionally been a means to keep teams safe and productive and reduce liability. However, companies now have to ensure their practices and policies comply with federal, state, and local laws. Even as a federal contractor, you can’t simply administer drug tests at will.

So, what are a federal contractor’s responsibilities when it comes to drug testing? We explain this touchy area below.

What is the Drug-Free Workplace Act?

When discussing drug testing for federal contractors, we first must look at the Drug-Free Workplace Act of 1988 (DFWA). The DWFA requires that all federal contractors and grantees take steps to ensure a drug-free workplace. 

Specifically, the act mandates that any organization that receives a federal grant or contract must establish a drug-free workplace policy and program, which includes several key responsibilities.

What should a drug-free workplace policy include?

First, employers must develop and distribute a drug-free workplace policy to all employees. This policy should clearly state the:

• Prohibited manufacture, use, and distribution of controlled substances in the workplace
• Consequences for violating this policy
• Type of drug tests that will be conducted
• Frequency of testing
• Applicable procedures for challenging test results
• Continued employment is conditional upon employee compliance

And of course, document this policy in your employee handbook and update it annually to ensure you remain compliant!

Visit the Substance Abuse and Mental Health Services Administration (SAMHSA) for the minimum drug-free policy requirements.

What does the DFWA say about drug testing?

The DFWA pertains to possession and use in the workplace but does not require federal contractors to conduct employee drug testing. It also does not prohibit you from hiring someone who uses illegal drugs outside of work.

The DFWA does provide some guidance for federal contractors who choose to implement a drug testing program. Specifically, the act requires that the drug testing program:

• Use reliable and accurate drug testing methods—urine and oral fluid are the only testing types currently permitted!
• Use certified labs accredited by SAMHSA
• Conduct drug testing consistently across all employees and positions
• Provide employees with notice of the drug testing policy
• Offer employees an opportunity to explain or dispute the results of a positive drug test
• Protect the confidentiality of drug test results
• Provide employees with information and resources, including the effects of drugs on job performance and access to drug counseling and rehabilitation services

It is important to note that the Drug-Free Workplace Act does not provide specific guidance on the types of drugs that should be tested for, the frequency of drug testing, or the consequences of a positive drug test. These issues are generally left up to the discretion of individual federal contractors.

Are federal contractors required to test employees for cannabis?

There is no federal law that requires all government contractors to test their employees for cannabis or any other drug. However, some may be required to test their employees for drug use as a condition of their federal contract.

For example, companies that work on federal contracts that involve safety-sensitive positions or national security positions may be required to conduct drug testing as a condition of their contract. Those subject to regulations from federal agencies such as the Department of Transportation or the Nuclear Regulatory Commission may also be required to conduct drug testing, including for marijuana.

How can federal contractors conduct legal drug testing?

To ensure legal drug testing of their employees, federal contractors must comply with all applicable federal and state laws. This includes complying with the Drug-Free Workplace Act, the Americans with Disabilities Act (ADA), and any state laws that regulate drug testing.

Some states require employers to follow certain procedures when conducting drug tests, such as obtaining written consent from employees or ensuring that drug testing is conducted by a licensed laboratory. 

In states where marijuana is legal, federal contractors must take extra care to ensure that their drug testing policies comply with state law. Some states have laws that prohibit employers from discriminating against employees who use marijuana for medical purposes if they have a valid prescription. Others allow employers to take disciplinary action against employees who test positive for marijuana use.

Always consult your legal counsel to ensure your drug testing policies and procedures comply with all applicable state and federal laws.

What should federal contractors do if an employee tests positive for marijuana?

Let’s look at a scenario: John is an employee of a federal contractor that has a drug testing policy in place. As part of the policy, John is required to undergo periodic drug testing. During a routine drug test, John tests positive for marijuana use. John’s job duties do not involve safety-sensitive activities, but the contractor has a zero-tolerance policy for drug use.

Does the employer have to terminate John immediately? Not necessarily!

First, the federal contractor should review its drug testing policy to determine what actions are required or allowed. If the policy provides for disciplinary action in the event of a positive drug test result, the contractor may be required to take disciplinary action against John. This procedure may include:

• Notifying John of the test results and allowing him to explain or dispute the results
• Provide him with information about counseling and rehabilitation services that are available
• Termination of employment (if it will not expose the company to legal risks)

However, if John is located in a state that has legalized marijuana use, the contractor should also review applicable state laws to determine if there are any protections for employees who use marijuana for medical purposes or if recreational use is also legal. 

For example, New York’s Compassionate Care Act protects employees with medical marijuana prescriptions and views them as having a disability under the New York State Human Rights Law.

Next Steps for Federal Contractors

If you’re a federal contractor unsure of how to proceed after an employee tests positive for marijuana use, first discuss the matter with your legal counsel. Your attorney can help determine what actions are required or allowed under applicable state and federal laws. They will also help develop a plan for addressing the situation in a manner that is legally compliant and consistent with the contractor’s policies and procedures.

And if you need guidance developing a compliant drug-free workplace and testing policy, contact BlueLion at 603-818-4131 or info@bluelionllc.com today! Our outsourced HR consultants have extensive experience navigating these delicate areas and helping employers protect their businesses AND employees.

And are they using it? If not, your team may be nervous or uncomfortable sharing thoughts and ideas with leadership.

Or are staff constantly messaging or popping into their managers’ offices, disrupting efficiency and productivity? Then your policy may not be clear enough or contain sufficient boundaries.

Below, we’ll discuss why you need a workplace open-door policy and how to create an effective one.

What is an Open-Door Policy?

An open-door policy is a communication policy stating that leadership and management must keep their office doors open so employees can easily share feedback, ideas, questions, or concerns.

A workplace open-door policy is meant to foster transparent and efficient communication through which every team member can be heard. 

For in-office teams, this could mean literally leaving doors open for employees. On the other hand, remote companies might require managers to leave their virtual doors open so their reports can message them at any time. Either way, an open-door policy conveys to employees that leadership is receptive to their input.

Pros of an Open-Door Policy

When outlined and handled correctly, an open-door policy will have a powerful ripple effect on your company by: 

• Promoting transparent communication between managers and employees
• Building trust by making employees feel valued and heard
• Increasing employee retention—as we know, valued employees stay engaged and loyal!
• Preventing work disruptions and miscommunications, thanks to quick access to honest information
• Speeding up workplace conflict resolutions
• Improving productivity and efficiency by bringing obstacles and inefficiencies to light
• Identifying employees with performance issues and taking corrective action

Cons of an Open-Door Policy

Of course, an open-door policy is not just a matter of managers slapping a sign on their doors telling employees to come in—they must set expectations with their teams! If it’s not well-defined, an open-door policy could:

• Take up even more of managers’ time due to impromptu meetings
• Cause employees to rely too heavily on supervisors
• Lack the desired effect if employees don’t feel comfortable using it
• Blur boundaries between business and personal and turn meetings into complaint sessions
• Spur employees to go over their direct manager’s head

Fortunately, you can avoid these potential drawbacks with a solid open-door policy communicated clearly company-wide. 

5 Ways to Make Your Workplace Open-Door Policy Successful

Be Approachable & Encouraging

Leaders can make their staff feel more comfortable talking to them by showing genuine interest in their ideas and feedback. Remember, employees may feel intimidated approaching you—especially if they have a concern or idea to share. 

Consider ways you can consistently encourage your team to speak honestly with you. You may use a combination of feedback methods, such as surveys, 360 performance appraisals, and project debriefs. These regular conversations allow managers to show employees they value their thoughts and foster a culture of open communication.

Set Clear Open-Door Policy Rules

Establishing a clear workplace open-door policy will make employees more comfortable and likely to use it and prevent others from abusing it. Your company’s policy should outline: 

• Which issues can be discussed and which are not acceptable use of this time
• Who to address first (e.g., their direct supervisor), and who to turn to if the first point of contact is unavailable or can’t help
• Communication methods based on the topic/issue
• Specific days and/or office hours for this purpose OR how to schedule a meeting

Be specific by listing different matters and advising employees on when and how to bring them to a manager and who to go to. For example, who should they approach to voice complaints or concerns? Which subject matter experts can answer their questions? What if they have a personal issue affecting their work? Consider creating a list of contacts for each type of concern and distributing it to all employees.

Don’t just post your open-door policy on the company intranet. Include it in your employee handbook (which should be updated and reissued annually!) and pin it in your team chat app, such as Slack or Teams, for easy access. 

Create a Positive & Compassionate Environment

Nervous and uncertain employees may feel they must always ensure they do everything right, afraid to make mistakes. But staff members dependent on their managers could consume a large chunk of your time.

You can prevent this by showing employees it’s ok to make mistakes. Let them know this is essential to growth and learning, and taking responsibility for their errors is crucial. They need to know they won’t get in trouble for every mishap. 

Develop a Conflict Resolution Process

When you create a workplace open-door policy, you and your leadership team should expect occasional workplace conflicts—which means you must have a conflict resolution process.

An employee may approach their direct manager with a complaint about a peer. Or, an employee may even go over their immediate supervisor if they have a concern or conflict with them. If this happens, the responding leader should take a mediator role, encourage the team member to talk to their manager, and sit down with both parties for a conversation to help resolve the problem. 

Many conflicts can be resolved with early intervention and good communication. However, some issues can grow and require more hands-on solutions, such as a performance improvement plan. Be sure to document everything and have a disciplinary action plan in place.

Train Leaders on the Open-Door Policy

Even if your company has a well-thought-out open-door policy, it won’t go far if your executives and managers don’t know how or aren’t willing to handle it appropriately. This will negatively impact morale and trust between managers and employees.

Instead, gain buy-in from your leadership team by holding a separate training session on the process. Highlight its importance and how it can benefit them and their teams. Guide management on:

• How to take an empathetic approach to employees’ feedback and ideas 
• Setting boundaries and expectations to help them protect their time and maintain productivity
• Handle specific situations, particularly delicate ones like conflicts and harassment claims

People and leadership skills don’t come naturally to everyone. Some managers may need additional training on soft skills to help them become better listeners, more emotionally intelligent, and more approachable overall. 

Final Thoughts on Open-Door Policies for Businesses

Do you have a small growing business? Or are you hiring your first employee? Introducing an open-door policy early will help foster a positive workplace culture from the start! 

Or maybe your company is established and doesn’t currently have a transparent culture, but you want to change that. Now is the perfect time to build trust and improve morale, and an open-door policy is a great first step. However, employees may need more work and encouragement to use it. 

Either way, an open-door policy shows employees that you value their ideas, opinions, and concerns. If you need assistance creating or updating your company’s policy, contact BlueLion today at 603-818-4131 or info@bluelionllc.com to learn more about our outsourced HR services and projects!

Rather than policing people’s free speech, activities, and opinions, these policies simply set guidelines for building a culture of respect and inclusivity. Read on to understand what these rules should encompass and how to develop your newest policies. 

Political Activity Policy

We’re all too aware of the countless hot-button political topics. From productivity disruptions to workplace conflicts, you must ensure political discussions and activities don’t interfere with your work environment or damage your company’s reputation.

Enter: Your political activity policy! This employee handbook must-have helps prevent conflicts between employees with differing political beliefs and promotes an inclusive and respectful workplace culture.

What Should a Policy on Political Activities Include?

Details will vary depending on your workplace culture and industry, and you must proceed cautiously to avoid violating employees’ First Amendment rights. However, your political activity policy can: 

• Ban all political campaigning and soliciting on the business premises
• Prohibit employees from using company resources or using the company name without prior authorization
• Forbid political attire and decor/messaging in the office (e.g., clothing, buttons/stickers, flags, posters, etc.)
• Require workers to ensure their political activities do not negatively impact the business
• Make it clear that harassment or discrimination based on political beliefs is unacceptable and will not be tolerated

Choose Your Words Wisely

When creating a policy on political activities in the workplace, it is vital to use language that is clear, concise, and free of bias or discrimination. The policy should be easily understood by all employees, regardless of their political beliefs or background.

Some key considerations for language in a policy on political activities in the workplace include:

• Avoiding partisan language: Do not promote or oppose any particular political party or candidate. Focus only on behavior and conduct in the workplace.
• Avoiding discriminatory language: Ensure your policy does not discriminate against employees based on their political beliefs or affiliation.
• Being specific and clear: Clearly define what constitutes political activity, such as political campaigning or advocacy, and provide specific guidelines for acceptable and unacceptable behavior.
• Being consistent: Apply the policy consistently to all employees, never using it to target or discriminate against specific employees based on their political beliefs.
• Encouraging them: Let employees know you support their right to participate in politics outside work property and time.

Overall, the language used in a policy on political activities in the workplace should promote a positive workplace culture that is respectful, inclusive, and compliant with all applicable laws and regulations.

Addressing Political Activity in the Workplace

You may have employees who conduct political activity at work despite your policy. Similar to the policy language noted above, address the employee by:

• Focusing on their behavior rather than their beliefs or affiliations
• Reminding them of the political activity policy and why the behavior was inappropriate
• Discuss the potential consequences of violating the policy, which may include disciplinary action, up to and including termination
• Explain that they are welcome to engage in political activities outside of work

Learn more about best practices for handling political discussions and activities in the workplace.

Civility Policy

Another policy popping up in more and more employee handbooks is a civility policy. This set of guidelines establishes expectations for respectful and professional behavior in the workplace. It outlines the types of conduct that are considered inappropriate or unacceptable, benefiting your company by:

• Fostering a positive and respectful work environment—which can boost morale and productivity
• Prevent incidents of workplace harassment, discrimination, or violence, along with legal liabilities
• Showing employees, customers, and partners that you’re committed to creating a safe and respectful work environment

What Should a Civility Policy Include?

Again, your policy will vary depending on your workplace culture and industry. Below are some general examples of what a civility policy may include.

Acceptable Behavior:

• Treating colleagues, clients, and customers with respect and dignity
• Communicating clearly and respectfully in all forms of communication
• Listening actively and being open to different perspectives
• Resolving conflicts constructively and professionally
• Maintaining a safe and healthy work environment

Unacceptable Behavior: 

• Verbal abuse, such as shouting, swearing, or name-calling
• Bullying or harassment, including sexual harassment, discrimination, and inappropriate jokes
• Disrespectful behavior, such as interrupting, ignoring, or belittling others
• Preventing various perspectives and observations, including those about job performance and civility
• Aggressive behavior, including physical violence, threats of violence, throwing objects, and slamming doors
• Inappropriate use of technology, such as sending offensive emails or texts

Vague descriptions like “being rude” is not enough—your policy should define unacceptable behavior with specific language, as in the above examples.

Addressing Incivility in the Workplace

When it comes to handling uncivil behavior, keep in mind that consequences must:

• Match the offense, and not all offenses are equal
• Be based on observed actions, not intentions to participate in unacceptable behavior
• Comply with federal and state labor laws
• Be fair and consistent for all employees

The disciplinary process may involve several steps, including:

1. Informal resolution: You might start by encouraging employees to resolve conflicts through open communication and constructive dialogue.
2. Formal complaint process: Provide a standard procedure for employees to report incidents of unacceptable behavior. This may involve an investigation and appropriate measures such as coaching, counseling, or mediation.
3. Disciplinary action: Outline the consequences for employees who engage in unacceptable behavior. This may include verbal or written warnings, suspension, termination, or other appropriate measures depending on the severity of the behavior.

Additionally, employers should support employees who are victims of uncivil behavior with counseling or other resources.

Adding policies on political activity and civility in the workplace will help you build a positive culture and maintain morale and productivity. Of course, these can be sensitive areas, and you must ensure all language and rules are compliant. 

So if you need assistance developing these policies or updating anything else in your handbook, contact BlueLion at 603-818-4131 or info@bluelionllc.com!