HR Policies & Employment Legislation

Sample Policies on Common HR Topics

Alternative work arrangements (flexible time, compressed work week, job sharing etc)
An alternative work arrangement refers to any work arrangement that differs from the organization's standard work schedule and location. A well-structured policy helps to provide a clear understanding of the expectations and responsibilities of all parties involved in the alternative work arrangement, and ensure that the same criteria for making decisions on alternative work arrangements are applied to all employees. Furthermore, a policy enables employees considering alternative work arrangements to understand how their request will be evaluated and helps to avoid potential perceptions of inequity that may arise from ad hoc decisions. When establishing policies and procedures on alternative work arrangements, organizations seek to provide employees with a means to achieve a balance between professional and personal responsibilities in a manner that benefits both the employee and the employer. The potential benefits to the employer are: increased employee motivation and productivity; increased employee commitment to the organization; ability to attract high performing individuals; and reduced absenteeism and staff turnover. The potential benefits to the employee are: reduction in stress due to conflicting personal and professional priorities; and increased job satisfaction, energy and creativity. Employees may request alternative work arrangements for a number of different reasons such as: child care; elder care; medical needs; education goals; or personal growth and achievement aspirations. It is important and valid to distinguish between, for example, a request for medical reasons, where the employer may be required to provide accommodation, and a reason that is more geared towards an employees personal aspirations. However, in order to respect individual privacy, employees should not be required to provide the specific details of the reason for the alternative work arrangement request.

Alternative work arrangements

The key to successful alternative work arrangements is the flexibility to tailor the arrangement to the particular needs of the individual and the organization. There are many types of alternative work arrangements. In considering which alternative work arrangements to offer employees, organizations should consider the arrangement's practicality, fairness, and flexibility within the environment of the organization.

Typical alternative work arrangements include: Flexible time Flexible time is an arrangement where employees work the standard number of hours in a workday or week, but vary the time of their work hours. Most organizations establish core working hours, meaning there are certain hours during the day in which it is mandatory for the employee to be at the workplace. For example an employee on flex time may start her day between 7 and 9 a.m. and finish between 3 and 5 p.m., but is required to be at work during core working hours which are 9 a.m. to 3 p.m. Compressed work week A compressed work week is an arrangement where an employee works the standard number of hours in a one or two week period, but compresses those hours into fewer work days (thus working longer hours on the days the employee is at work). For example in a 40 hour work week an employee on a compressed work week may work four 10-hour days in a week with one day off, or nine 9-hour days with one day off every two weeks. Telecommuting Telecommuting is an arrangement where an employee works either part or all of their workweek from a location other than the standard place of work (office). Typically employees in such an arrangement work from their homes. For example, an employee may work three days a week at the office and two days a week from home. Job sharing Job sharing is an arrangement where two employees share one position. There are many combinations of work hours that are used for job sharing. For example one employee might work Monday to Wednesday and the other employee Thursday and Friday, or one employee might work mornings and the other afternoons. Part-time/reduced hours Part-time or reduced hours are arrangements where an employee works less than the standard work week hours.

Alternative work arrangements and legislative requirements

There are no legislative requirements on employers to offer, or agree to, an alternative work arrangement except where accommodation is being sought for medical reasons. However, when developing an alternative work arrangement policy, organizations need to ensure the policy does not contravene the employment standards of their province - in particular organizations need to ensure that alternative work arrangements are still consistent with legislation regarding: hours of work; rest days/rest periods; overtime; short work weeks and averaging agreements. Additionally, employers may consider instituting alternative work arrangements in order to meet their Obligations to Accommodate, as required by the Human Rights Code in their jurisdiction. While typically it is the employee who initiates an alternative work arrangement, there may be situations in which the employer initiates alternative work arrangements to meet operational or work-balancing/workload requirements. Should an alternative work arrangement be employer

initiated, after the original employment contract is established (and therefore changing the agreed to terms of employment), the employee must be given the opportunity to consider and if desired refuse the arrangement. Arbitrarily instituting an alternative work arrangement could be considered constructive dismissal. Therefore the employer must offer the employee the choice of accepting the new work arrangement or provide notice/severance pay. It is prudent for the employer to seek legal advice when encountering this situation.

Establishing and implementing alternative work arrangements

Organizations are advised to establish a formal alternative work arrangement agreement to be completed and signed by both the employer and the employee prior to beginning the alternative work arrangement. The agreement should outline the specific details of the alternative work arrangement, who is responsible for covering any costs incurred as a result of the alternative work arrangement, any specific insurance requirements, performance expectations, and so forth. With the exception of part-time, reduced hours or job sharing (where salary and benefits may be pro-rated), alternative work arrangements typically do not impact an employee's salary, benefits, and career progression. Often there is a feeling that individuals who choose to job share or work reduced hours end up working a full-time position for a part-time salary; or those who work a compressed work week are required to be available/on-call on their day off, or there is an expectation to come in to work for a meeting on a work-at-home day. These issues can largely be resolved through good communication of the policy to both management and employees. Additionally, managers should take the responsibility to ensure that all parties respect the work arrangement. The policy examples below demonstrate different approaches organizations have taken to implementing alternative work arrangements.

Conflict of interest
Conflict of interest policies address situations and circumstances in which an employee's personal interests are - or can appear to be - in conflict with the organization's interest. There are many different definitions of conflict of interest. Often, definitions focus on opportunities an employee may have to use their position in the organization to their personal or private advantage or to the advantage of friends or family members. Your policy needs to have a clear statement defining conflict of interest that suits your organization's purposes. It should also assign responsibility for identifying and resolving actual and potential conflicts.

While some policies do not spell out the consequences for an employee if a conflict cannot be resolved, others specify that failure to resolve a conflict of interest will result in discipline or termination.

Hours of work
Most organizations are open for business for set hours each day that provide some parameter for the hours of work. However, many organizations provide some flexibility around start and finish times so it is important to clearly state your organization's requirement for the work week. Your policy on hours of work should state: The number of hours full-time employees are required to work: this is often express in hours per week The length of the lunch break The length of other breaks if provided Employment standards in most jurisdictions will state the minimum requirement for lunch breaks and how often employees must be given a break. Your organization may choose to provide more than these minimums.

Overtime
The law in each province and territory sets a standard work week, which establishes the point at which employees are to be paid at an overtime rate. The laws vary in their definition of the standard work week, and the overtime rate. Prior to establishing an overtime policy, review the employment standards requirements for your province. Issues to be addressed by your overtime policy include:

Who is eligible? In most jurisdictions, employers are not required by law to pay managers for overtime. However, your organization may choose to do so. It is important to note that simply calling an employee a manager does not make them a manager in the eyes of the law. Check the employment standards for your jurisdiction to find out how a manager is defined - it usually includes spending a substantial amount of the workday overseeing the work of other employees and that any non-managerial duties are only on an exceptional basis. What conditions apply? Can employees work extra hours if they feel it is necessary or is prior approval by the executive director required? How will employees be compensated? Once an employee works overtime as defined in the employment standards for your jurisdiction, how the employee is compensated is legislated by the employment standards. It is usually either time off in lieu or payment; both of these at the rate specified in the legislation and it is usually the employees choice. In organizations with a work week that is shorter than the standard work week as defined by employment standards employees may work more hours than your organizations workweek, but compensating these overtime hours may not be covered by employment standards. Your policy on overtime should

cover this grey area if it exists. Will employees be compensated at a rate of one hour for each hour worked, or time and one half for each hour worked? Will employees be given the choice of how they want to be compensated - of time off in lieu or payment?

Your organization's overtime policy must comply with legislation; provide your organization with the flexibility to get work done in special circumstances; and, fit within your budgetary constraints.

Termination
Employers have a basic right to terminate an employee, but along with that right, come responsibilities. Employers must comply with the Employment/Labour Standards and human rights legislation for their jurisdiction and beyond that, employers must treat employees fairly and in good faith as defined by common law or civil law (Qubec). All jurisdictions have minimum standards for periods of notice required for termination without cause, and requirements for compensation in lieu of notice. A poorly handled termination can lead to legal action; therefore it is wise to consult a lawyer before terminating an employee for whatever the reasons.

Important terms
Termination with cause puts the onus on the employer to show that an act by an employee has seriously impacted, or a further similar act could seriously impact the organization. Termination without cause usually requires advance notice and/or compensation be given to the employee. In the voluntary and non-profit sector, termination without cause is often the result of restructuring the organization or changes in funding. Wrongful dismissal is a legal claim about the cause or notice given to the employee when they are terminated. Constructive dismissal is when there is a significant change in the employment relationship, for example, the employer significantly reduces an employee's salary or makes a significant change to an employee's work location, hours of work, authority or position (without the employee being separated from the organization). You want to avoid both of these.

Selection Criteria for Successful Telecommuting Guideline

Employee selection shall not be based on seniority, but on specific, written, work-related criteria established by management. Selection should include reasonable accommodation for employees who are permanently or temporarily disabled. Prospective telecommuting employees, the supervisor and the department head or designee should assess whether telecommuting is a viable work option as follows:

I.

Evaluate Department Need

Consider what are the potential benefits to the department might be (e.g., increased productivity and quality of work, reduced absenteeism, improved support for recruitment and retention, reduced overhead or space needs, improved employee morale, etc.) Ensure that work can be equitably distributed so that telecommuting schedules do not unnecessarily require in-office staff to assume a significant part of the telecommuters work. Where possible, have the telecommuters phone calls forwarded to his /her home office phone, use voice mail, or install an answering machine on the office phone which the telecommuter can access from his/her home office phone. Care should also be taken to ensure that telecommuters continue to have access to needed office support. The employee should be able to be reached by phone during assigned work hours.

II.

Evaluate Functions/Tasks to be Accomplished

At managements discretion, a job is amenable to telecommuting if the job or some components of it can be done off-site without disruption to the flow of work and communication. Jobs that entail working alone or working with equipment which can be kept at the alternate worksite are often suitable for telecommuting (e.g., writer, editor, analyst, programmer, etc.). In contrast, jobs that require physical presence to perform effectively are normally not suitable for telecommuting (e.g., student advisor, food service worker, childcare worker, custodian, maintenance worker, etc.).

III.

Eligibility of the Employee under Consideration

The candidate for telecommuting should display work-related behaviors consistent with those of successful telecommuters. Telecommuting should be offered only to employees:
o o

Who have successfully completed their probationary periods; Whose documented performance is satisfactory or whose performance rating on their last evaluation is at least satisfactory;

o o o

Who work effectively with minimal supervision; Who have a full understanding of the operations of his/her department; Who is able to establish priorities and has demonstrated effective time management habits;

Who can maintain a safe and ergonomically sound home work area, free from distractions; and,

Who is reachable by phone during assigned work hours.

Telecommuting Guidelines
For anyone who isn't a fan of long commutes or paper-bagged lunches, telecommuting may be just what you've been looking for. Working from home was once a privilege reserved for the lucky few, but with recent advances in communication, this envied arrangement has become a viable option for many. Physical location is not what it used to be. Between email, virtual networks and videoconferencing, workers can stay connected with the office without having to be in the office. But even assuming employees know how to keep up adequate communication, companies face many problems when considering telecommuting. Will employees be able to push themselves without supervision? How much will it cost to install important equipment in the home? What if customers want to talk face to face? Telecommuting is not for everyone, but if employers and workers reach an appropriate, well-defined agreement, it can work for many employees. To find out who should telecommute, what they should do and what their employers should do, keep the following deadlines in mind. With the right arrangement, employers save space and resources, and workers can gain convenience, leading to a happier, more productive business.

Who should telecommute?

1. Self-disciplined and efficient workers: They should be able to manage time effectively and work independently. 2. Employees with good, substantial performance records: Qualified employees should have demonstrated their hard work, skills and commitment to the company before telecommuting is considered. 3. Workers with good communication skills: This not only means the worker should be able to express himself clearly verbally and in writing, but also that he has adequate knowledge of different communication mediums, for example videoconferences or faxes. 4. Employees who don't require face-to-face interaction with customers or coworkers: If anyone depends on speaking with a worker in person, he or she is not suited for telecommuting. 5. Workers who don't need specialized equipment or access to specific files or resources: Eligible workers should be able to perform all of their responsibilities while telecommuting, so if they depend on resources tied to the office, they should remain there.

What the employer should do:

1. Make sure the employee meets all the criteria listed above: Telecommuting can save companies money, reducing equipment and staff costs, as well as freeing up space.

However, if the worker does not use his off-site time efficiently, business suffers. Make sure that the employee is capable of working well independently. 2. Ensure there is a completely mutual agreement: Although many employees prefer to telecommute, other feel isolated or "left out of the loop," so make sure that this arrangement is beneficial for both the worker and the company. 3. Make and sign a telecommuting contract with employees: Ensure that workers completely understand and agree with the outlined conditions before either of you puts your signatures on it. Be very clear and precise about what the arrangement is to be like, including hours spent on- and off-site, contact methods and frequency, work-related expenses, and conditions of modification or termination. 4. Consider a training program or orientation: Telecommuting places a great deal of responsibilities on workers, so ensure they are prepared. They may need to learn some extra things like proper safety rules, new work policies or how to use different forms of communication.

What telecommuters should do?

1. Comply by all terms agreed upon and maintain professional standards: Once an employee makes his home a place of work, his home is subject to the same regulations as any office, including company, contract, safety, sexual-harassment and discrimination policies. 2. Designate an appropriate work area at home: Employees must always remain in working environments. A home office should be quiet, organized, well-lit and contain all the materials, in proper condition, that will be needed throughout the work. It should be recognizable as a place of business. 3. Clearly delineate work and personal time: Just like in an office, employees should have set working hours. In some cases, these hours can change, but once a telecommuter begins his work for the day, it should be his only priority until his workday ends. 4. Maintain a personal relationship with the company: Whether employees spend most of their week in the office or just check in periodically, it is important that they personally interact with colleagues, managers and clients to keep a strong connection with the company. Telecommuters should definitely attend all important meetings and events. 5. Always keep a flexible schedule: Workers should be able to come into the office on any workday when given proper notice. 6. Immediately notify employers of any changes in location or means of contact: Telecommuters should be just as integrated with their companies as non telecommuters, so they must keep all important contact information updated, ensuring adequate availability.

Let's face it: Telecommuting is here to stay. Always popular but only recently feasible, it holds benefits for both employer and employed. So make telecommuting work for your business. All it takes is some careful consideration and cooperation certainly a fair trade for happier workers, increased savings and a more attractive company.

How to Select Telecommuter

Telecommuting is a management strategy for, among other things, improving organizational effectiveness. It is a process that should be encouraged based upon its ability to increase organizational productivity. That is, telecommuting should be implemented as a policy to improve the performance of employees, and not one that is a benefit to a particular group. It should be utilized to enhance future job performance and not to reward past accomplishments. This is not meant to suggest that telecommuting is not a tremendous benefit to employees. But the reasons for instituting a telecommuting policy include a variety of organizational benefits: improved employee productivity, scheduling flexibility, increased time available for work, overhead reductions, improved employee retention and attraction, and program continuity (decreased impact of external events such as snow storms - disaster mitigation). In fact, organizations find it difficult to justify the implementation of telework programs if they approach telecommuting as a tactic to address a single perceived benefit. It is not until they consider each of the potential benefits, and design their telecommuting programs to address all of them, that telecommuting becomes a worthwhile, cost effective option. Telecommuting programs are most successful when they are implemented as a strategy to address the full range of organizational benefits, and not when they are employed as a tactic to address a single benefit (i.e., employee morale). With this in mind, a frequent question for organizations setting up telecommuting programs is Who should telecommute? The answer depends on a number of factors, including: the nature of the organizations business, the type of work being conducted, the technological capabilities at the central office, the desires of the employee, and the availability of space for a dedicated home office. The decision as to who should telecommute may be broken down into two components: 1) the identification of the positions with job responsibilities that can be performed productively away from the central office, and 2) the determination as to which individuals have home situations and work habits that permit the effective use of telecommuting resources. The positions that are suitable for telecommuting should be established at the organizational level. The individuals within these positions who should be permitted to telecommute should be determined at the unit level. JOB POSITIONS THAT CAN TELECOMMUTE Telecommuting, the process of working away from the central office (usually at home) for a part of the work week, is different than telework, working from the home full time. Because telecommuters also maintain a presence at the office, telecommuting can be appropriate for a wider range of positions than telework. For example, positions that require the presence of the employee at a specific corporate location on a regular, but not continual basis can be suitable for telecommuting. Buyers who regularly schedule meetings with sales representatives on Tuesdays and Thursdays could be scheduled to telecommute Mondays, Wednesdays, and/or Fridays. The need to be in the office part of the time is not sufficient reason to avoid the potential benefits of telecommuting for a particular job type.

A distinction should be made between job titles and job functions. The responsibilities of a particular job title will include a range of specific job functions. While some job functions have to be performed at organizational (or client) facilities, many do not. All of the functions that can be performed away from these facilities are suitable for telecommuting, regardless of the other, on-site responsibilities of the employee. The types of functions that cannot be performed away from the employers facilities include: Activities that require physical contact with goods (e.g., retail or transportation, and equipment (e.g., manufacturing, specialized or not transportable computers/software), Responsibilities that require a public presence (e.g., cashiering or reception), and Activities that require the telecommunication of information of such a nature that data security is critical. Note that other functions, such as sales and consulting, are often performed at a client location. Employees performing these functions are often considered to be telecommuters by virtue of the fact that they often work away from the office and that their typical mode of communication with their employers is telephonic. No doubt that this is a form of remote work, but telecommuting is dependent upon the replacement of a commute, and these individuals make no such substitution. Generally, positions with only the types of responsibilities listed above cannot do their jobs at home or at telework centers and should be excluded from consideration as telecommuters. However, any position that requires the incumbent to work at least some time alone (and with relatively luggable equipment) is a potential telecommuter. Since this rule-ofthumb may include most of the positions in an organization, it is often easier to identify the positions that are not suitable for telecommuting. The determination as to which positions should be permitted to telecommute should be based upon the presence of functional responsibilities that can be achieved at home. Job tasks that have been identified as appropriate for telecommuting include: Reading Writing and editing (proposals, policies, reports, etc.) Preparing (and practicing) presentations Data entry and transcription Outbound telephoning On-line research (Dialog, Internet/WWW, etc.) Programming Data analysis In-bound telephone answering (information & referral; call centers) Computer Assisted Design (CAD)

Policy Description The normal daily work schedule for the University is 8:45am to 5:00pm during the academic year and 8:30am to 4:30pm during the summer. (See: 5.0.2 Work Schedules and Breaks.) However, the University encourages supervisors to permit reasonable adjustment (flextime) to the

established normal arrival and departure times of the workplace, to accommodate individual employee needs such as transportation, education, and personal and family care commitments. The University also recognizes that flexible scheduling is not possible for all work areas because of the specific requirements of that workplace. Application of this Policy Supervisors considering flextime should examine staffing needs for their areas to determine if the workplace needs to be fully staffed for the entire period of the regularly scheduled workday (8:45am to 5:00pm and 8:30am to 4:30pm in the summer). Where possible, arrival and departure times for individual employees can be staggered to meet both the needs of the employee and the section or department. Supervisors must assure that there is adequate supervision during the staggered hours. Any significant variation from the employee's normal work schedule, e.g. working a ten-hour, four-day week, must be discussed in advance with the Office of Human Resources, especially in cases affecting non-exempt employees which require a modification to the Universitys overtime pay practices (See: 7.1.1 Overtime Pay.). Flexible work schedules should be discussed in advance with the staff member. The supervisor should explain the impact on how overtime pay will be calculated and make clear that the altered schedule is permissible as long as the operation of the work unit is not adversely affected. Both parties should have written copies of the agreed to schedule. Supervisors should review the flextime needs of their employees and its application on a regular basis. There are occasions when it may be possible and practical for employees to accomplish some of their work while remaining at home. Infrequent work at home is permitted without the need for review by the Office of Human Resources. Supervisors who are considering permitting a staff member to do a portion of their work at home on a regular basis must discuss the proposed arrangement first with the Office of Human Resources. Procedure Supervisor Reviews workplace needs, possibilities for and impact of flexible scheduling. Reviews and approves or disapproves employee request for flexible scheduling. Provides employee with written copy of schedule. Modifies the Time Collection System if appropriate (non-exempt staff only). Reviews workplace needs and flexible schedules on a regular basis. Consults with the Office of Human Resources when a significant chan ge in the employee's schedule, e.g. four-day workweek or 10-hour day, is proposed. Employee Requests alternate schedule to accommodate special needs. If request is approved receives written copy of schedule change. Notifies supervisor of any change in circumstances that may require a change or termination of the flexible schedule. Consults with supervisor as needed on flexible scheduling.

Office of

Human Resources

Reviews with supervisors any major changes to an employee's schedule.