Connecticut Employment Lawyer & Attorney : Daniel Schwartz : Stamford, Hartford New Haven, CT

The Memorial Day Holiday Weekend has turned into the "unofficial" beginning of the summer season (though it hasn't exactly felt like summer yet in Connecticut).  With that, there are a whole host of issues that also make an annual re-appearance.  Here are a few to think about. 

Vacations/Paid Time Off -- Vacations are a common part of the summer season. Some companies use "Paid Time Off", while other companies specifically designate that employees can use vacation time.  But can the employer do anything to regulate it? Yes, particularly the employer's policies are up to date.  What are some questions for an employer to consider?

• Do your policies require employees to seek time off in advance?
• Do you require employees to coordinate with other vacation schedules?
• Do you have a "use it or lose it" policy on vacations, where employees are required to use vacation time by the end of the year, or do you allow for some carryover? If so, how much?
• Do you have employees vacation time on a pro-rata basis? In other words, do employees get a day vacation for each month during the year worked?
• Do your policies dictate that if the employee does take vacation time that has not accrued, what the penalties are?

Friday Sick Days -- There's nothing quite as intoxicating in the summer as the long three-day weekend.  And, with that comes "Friday Fever" .  The symptoms? An otherwise healthy employee calling in on a beautiful sunny Friday.  What are some questions to consider?

• Does it make sense to change to a simple "Paid Time Off" policy that doesn't distinguish between vacation and sick time?
• What documentation do you ask employees for when out on sick days?
• Do you pay employees for a paid holiday, like Memorial Day, if the employee has been absent the day before or after such a holiday, without approval?

Summer Parties and Office Dress -- As with the office party around the December holidays, many companies have corporate outings.  With the warm weather, some might even include swimming or decent amounts of alcohol.  Summer dress codes also tend to allow for more revealing attire. What can the employer consider for these summer outings and summer dress?

• Are the employers policies on harassment and discrimination up to date and do they make explicit reference to the fact that "work" also includes company-sponsored outings?
• Are dress codes easy to understand and enforce? Do they provide employees with sufficient guidance on what is expected of them?
• Have expectations been set up for employees about what is proper behavior and dress at corporate summer functions?
• Are any summer hires (college or high-school interns) apprised of the rules and regulations of the company, and have employees been advised how to deal with these employees? 

These questions are by no means exhaustive, nor are the topics, but with summer season here, it's too easy to just "pass" on the issues for a later time.  Considering these issues now, before they arise, can help prevent some a serious summer heartburn later on.

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In a few days, it will be Martin Luther King Jr.'s birthday, January 15th.  And next Monday, January 21, 2008, is officially recognized as the federal holiday as the third Monday in January.  It is also a state recognized holiday in Connecticut as well the other 49 states, in some fashion or another.   So, if you work for a federal or state employer in human resources, or otherwise, you are going to have a day off (obviously, our state police and others never get a  "day off").

Connecticut's Martin Luther King, Jr. Holiday Commission has historically had a ceremony that commemorates the day.  That continues this year and information regarding the ceremony can be found here and also here.  The Commission receives counsel and support by the CHRO and the statutory basis for the Commission is found here. 

The birthday has lots of symbolism in the labor and employment world.  Much of today's civil rights laws have their foundation in the Civil Rights Act of 1964.  I won't turn this into a history discussion or debate, but suffice to say that King's famous "I Have a Dream" speech and his actions both before and afterwards played a major role in the passage of this bill. 

If you are a private employer, odds have become greater over the years that you give your employees the day off.  A survey in 2007 reported that nearly one-third of large employers give the day off.  I would expect a similar number this year. 

So, the obvious question that I'm often asked is -- if it is a state and federal holiday, why do I have to work? The answer is fairly simple, however.  The United States (unlike some other countries) does not have any "national" holidays. Just because Connecticut or the United States recognizes the day as a legal holiday, employers are free to choose whether to remain open or closed. In case you are curious, the State Department, of all places, as an interesting summary of each of these ten federal days on their website. (In 2009, federal employees in the Washington D.C. area, will also get off January 20, 2009 as a result of "Inauguration Day.")

So, in essence, what the federal and state government does is merely a guide to private employers. . But if employers did not give off certain days, it is a sure bet that employees would flock to employers that did.  It would be hard to imagine an employer surviving with a motto of "No Paid Holidays! in their recruiting materials.

Ultimately, I believe that designating MLK Day as a holiday for private employers -- as with other federal holidays -- is a decision best left up to employers.  In essence, let the marketplace decide.   Certainly, giving the day off allows an employer to tout its commitment to diversity and civil rights with a little more force (though I'm hardly suggesting that giving the day off is a prerequisite for doing so.)  Some employers will instead fashion a compromise by giving employees some "floating holidays" for days such as this. 

Whatever your company decides, it's a good idea to explain to your employees the reasons for your decision. Feel free to post your company's decision below to give our readers some perspectives on the day.

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Break out the champagne, its National Boss's Day. (In Connecticut, this is our second "Boss" day in less than a month.  Governor Rell declared October 2nd  to be "Bruce Springsteen Day" in Connecticut, honoring the kickoff to his fall music tour.) 

Apparently, this "holiday" is an product of a State Farm employee who chose the day because it was the birthday of her boss. Oh, and did I mention that her boss was also her father? The Ohio Employer's Law Blog has a few other notable items about the day, including a video link. 

While I certainly can understand the sentiment, it's about the umpteenth workplace "day" I've seen recently.  After awhile, the designated "days" or "weeks" for the workplace just blend together.  This year we've had National Napping Day, National Bike to Work Day, Doctor's Day, etc.. Then there is the Sweetest Day celebrations in the next week. 

Now, I'm not advocating that we get rid of Administrative Assistant Day (coming April 23, 2008!) -- after all, we can't function without a good team effort -- but can we all just agree to cut back on at least some of our "national" days for a bit? 

Or perhaps I'm just being a little too grouchy -- a leftover from yesterday's "National Grouch Day"?  I pledge that I will use Friday's "Evaluate Your Life" Day to reconsider my position. 

Is any workplace out there doing anything today to celebrate the day? Post your comments below.

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Today is Columbus Day in Connecticut. Actually, Columbus Day is officially on October 12th (celebrating Columbus arrival on October 12, 1492), but it is celebrated on the 2nd Monday in October as a result of a federal law, 5 U.S.C. Sec. 6103. Besides being a federal holiday, its a state holiday too.  So, if you work for a federal or state employer in human resources, or otherwise, you have today off.  (As a result, lots of Columbus Day sales are going on too.)

If you are a private employer, you probably don't give your employees the today off.  In fact, a recent survey in California pegged the number of employers giving off for Columbus Day at just 7.8 percent (it ranked above Lincoln's Birthday and below Good Friday). 

Although companies have established holidays, why don't employers have to close on a state or federal holiday? Its pretty straightforward.  The U.S. (unlike some other countries) does not have any "national" holidays.  Indeed, just because the government recognizes a legal holiday doesn't mean that private employers have to follow it. (Other examples include Veteran's Day and, here in Connecticut, Good Friday).  The State Department has an interesting summary of each of the days on their website. 

Legal holidays merely dictate what the government is going to do; how the rest of the country chooses to follow the holiday is up to them.  And yes, that means that you could conceivably make your employees work on Memorial Day or 4th of July (of course, if the company is a service industry, they probably require employees to work today).  But it probably isn't good business practice as employees will flock to those employers who do give off those holidays.

What is a good business practice for Columbus Day now? I would argue that if the employer is going to designate 8-10 days a year for holiday, employees would rather one or two of those days be designated as a floating holiday rather than Columbus Day.   Giving your employees a choice of days is a terrific way to give an added benefit that has the advantage of allowing the employees an choice in their favor.  Thus, I would suggest continuing to take a pass on designating Columbus Day a holiday. 

The Knights of Columbus, which is based in New Haven, Connecticut, would probably disagree.  But if you wanted to visit their museum perhaps to learn more about Christopher Columbus, its closed today (according to its website). 

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