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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Next time you're driving on the highway, take a look at the road signs. Not for what they say, but how they say it.  Are they new or worn? Easy to read or difficult to see? Straightforward or confusing?

If you drive down I-95 around Fairfield and Westport, you'll notice something different lately. The signs are fresh, easy to see and clear.  In fact, when you start getting down to Norwalk or so, you'll be struck by how worn out the signs are in that area of the state and how unreadable some are.  (A terrific article in the New York Times from August 2007 discusses the nationwide change in signs to a new "Clearview" font, if you're curious.)

I was thinking about this after I had a discussion with a client recently about the benefits of reviewing their employee handbook.  "It's fine; we've had it for 15 years without an issue," they said.  But it turns out it wasn't "fine", the handbook lacked some of newer or updated provisions that have been drafted to comport with changes in the law.  Indeed, the handbook was a confusing hodge-podge of policies that were, at times, unclear, outdated, and confusing.

If your company's handbook is as old as some of the road signs out there, here are four areas to re-examine.

1. At-Will Disclaimers -  This disclaimer will notify employees that they are at-will and that this handbook does not change that relationship.  Disclaimers should be displayed prominently and be sufficiently specific.  The disclaimers should also be able to draw attention to a reasonable person.  Lastly, the disclaimer should explicitly reserve the right of employers to change the policies at any time, with or without prior notice.
   
2. Anti-Harassment Policies -  The Supreme Court decisions of nearly a decade ago told employers two important lessons: a well drafted policy and well-drafted complaint procedures to deal with harassment issues will go a long way to reducing an employer's liability for many types of sexual harassment.  Indeed, the EEOC has suggested that employee handbooks are an excellent vehicle for notifying employees about such policies.  Thus, a review of the anti-harassment policies and procedures is a good idea to make sure they take advantage of this important defense provided by the Supreme Court.
   
3. Vacation/PTO Policies - Some employers have re-evaluated their vacation packages and other days off to avoid some of the hassles and abuses that have taken place at their companies. Some have moved to a strict "Paid Time Off", which looks less at the reasons for taking time off, and more at the overall attendance of the employee in general.  Some have also added a provision to make it clear that employees earn only a pro-rata share of the vacation time during each month, to prevent employees who leave at the beginning of the calendar year to be paid for unused vacation time for the entire year.
   
4. Electronic Communications - With the rise of the Internet and web-based e-mail, computer access and misuse have only multiplied in the last decade. Moreover, employees who use e-mail and instant messaging are prone to using it informally.   A comprehensive policy to address what conduct is appropriate will give employees some guidance into the do's and don'ts of e-mail and IM.  With Connecticut's passage of an Electronic Monitoring Act,  employees must also be notified if employers are tracking their computer systems, which may involve keystroke reviews or internet firewall tracking.  

Handbooks may not be as glamorous as addressing the "hot" issues of the day, but updating a handbook will pay dividends for years to come. With clearly marked signs for employees on how to proceed, it's less likely that one will get lost on the way. 

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