Being Accessible 24 Hours Per Day for Work

Q: I am interviewing for a job and was told that the CEO expects "7 by 24" accessibility to the engineering team. I have a strong work ethic but I do coach my son's basketball team and enjoy time with my family. Have you ever heard of this and what do you think it means? I check email seven days per week and am usually available to pick up my phone but not 24 hours per day.

A: I am so glad you asked! Employers seem to be encroaching into their employees' personal lives further and further. While smart phones can be helpful, sometimes their usefulness can be abused. Usually I see this "7 by 24" expectation at the senior levels but not this same expectation for an entire engineering team. Yet there may be exceptions. For example, if a project deadline for the engineering team is approaching. Then I can understand that a call (or calls) outside of normal business hours may be required. However, this does not mean complete accessibility when there are no pressing issues.

I think there is an expectation that very senior-level leaders be accessible after hours, even on a regular basis and a greater expectation if there is a crisis. However, asking an engineering team to be on call as a norm seems excessive to me. Again, if there is an urgent project or upcoming deadline, that is another matter.

In your specific situation, I would ask. One way to ask would be: "I have a very strong work ethic. Of course, in my current role if required, I work evenings and weekends. But you mentioned a requirement of '7 by 24' accessibility. Can you tell me what that means?" Then you can decide if that is a requirement that is in or out of your comfort zone. Some CEOs can be powered on 24 hours per day. While others are a bit more flexible and may require phone calls outside of normal work hours, but it is not a consistent pattern, but instead an outlier. You will want to ensure that you clearly understand this expectation before accepting a new role.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. Click here to read about more employment topics in The Job Doc Blog at Boston.com.

At-Will Phrase in Offer Letter

Q: I just received a job offer. How wonderful right? Not so wonderful. Well some of it is good. The company is great, exactly where I want to be regarding both location and industry. Compensation is good. Benefits information looks competitive! However, they have this line in there that is really bothersome to me! The sentence says that my employment is "at-will and either party can terminate your employment relationships at any time, with or without notice." Does this mean I am going to leave my job only to be at risk for being fired at any time and on a whim? I am too afraid to ask the recruiter about this sentence!

A: I understand your concern! Most employees in the US are working in an "at-will" employment arrangement. Although the phrase may sound ominous, it common language in the world of employment experts. In lay person's terms, it means you can leave this role at any time and yes, they (or your employer) can terminate your employment relationship at any time. Most US workers are "at-will" and not members of a union and do not have an employment contract in place. Exceptions to "at-will" employment are generally found with teachers, nurses, police officers and firefighters.

I consulted Jeffrey A. Dretler, a partner with Fisher and Phillips. Dretler explains, "Even in at-will employment situations, an employer is prohibited from terminating an employee’s employment or taking other adverse action that is motivated by illegal reasons, such as the employee’s membership in a “protected class” (e.g., age, race, color, gender, disability) or because the employee engaged in some sort of protected activity, like 'blowing the whistle' on illegal or improper activity."

Do not let wording concern you. When I work with clients, I often encourage this same type of language be included in their offer letters. It sounds like a competitive offer worth further consideration!

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. Click here to read about more employment topics in The Job Doc Blog at Boston.com.

Asking About an Overdue Performance Review

Q: It has been about 15 months since I was hired into my first position out of college. I like my job a lot and I am grateful I have started at a company with a good reputation. When I was hired, I was promised a one-year review and it about three months late. I am not sure how to approach the situation. We have a small HR team and they all seem competent. I have not heard of this problem occurring elsewhere. Any advice?

A: Congrats on successfully landing your first job! How wonderful that you enjoy the company and your work responsibilities.

You are in an uncomfortable position: asking for something that you feel was promised to you back when you were first hired. Here are some options:

1. Look in your employee handbook to determine if there is a policy on annual performance reviews. Often times there are guidelines spelled out in the handbook. 
2. Ask HR if annual reviews are given on the employee's first anniversary date because that was a commitment made to you when you were first hired. If it is detailed in your offer letter, this is a plus. If it was a verbal commitment, I would still ask HR. HR may tell you the performance reviews are done, but rarely on completed on time. Unfortunately, this is a common scenario. This responsibility often moves to the bottom of the manager's "to do" list. Usually any type of salary increase would be retroactive to the original due date. If this is the case with your performance review, I would ask HR if they remind managers to complete some or all of their performance reviews.
3. You are probably hoping to avoid asking your manager but there may be no other solution (especially if number 1 and 2 don't work to your satisfaction). I think you could ask during a weekly/monthly meeting. Or, just an impromptu, "Hey Stephanie, should we schedule a time to talk about my performance, that one-year performance review meeting?"

I have listed my suggestions in order, from easiest to most challenging. You may decide that asking your manager first is the best route, which is fine. Good luck!

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. Click here to read about more employment topics in The Job Doc Blog at Boston.com.

Summary of Earned Sick Time Law for Mass Employers

We have talked with many clients today in response to the passage of Massachusetts Ballot Question 4, the earned sick time law.

First, don't panic.  The law does not go into effect until July, 2015!

Second, read the summary below.

We still have a number of questions and we expect to receive further guidance from the Attorney General's office in early 2015.

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Earned Sick Time (Ballot Question 4) - Implications for Massachusetts Employers
On November 4, 2014, Massachusetts voters passed Ballot Question 4, which requires many employers to
provide earned sick time for their employees. We have provided this summary for our clients.

1. When is this law effective?
   Not until July 1, 2015.
2. I have heard confusing info about company size.
   Employers with fewer than 11 employees - employees can earn and use up to 40 hours of UNPAID sick time in a calendar year.
   Employers with 11 or more employees - employees can earn and use up to 40 hours of PAID sick time in a calendar year.
   To calculate employee headcount for this law, all employees performing work (on a paid basis) should be counted including full-time, part-time or temporary employees. There have been additional questions raised on how to calculate headcount due to reductions in force or whether out-of-state employees are included in the calculation. We expect additional guidance from the Attorney General in early 2015 on this provision of the law.
3. Explain when this new earned sick time can be used by an employee.
1. If an employee has to miss work for the employee's child, spouse, parent or parent's spouse, who is suffering from illness, injury or medical condition that requires medical care; or
2. to care for the employee's own medical illness, injury or medical condition that requires medical care, to attend an employee's routine medical appointment (or that of a child, spouse, parent or parent's spouse); or
3. to address the effects of domestic violence.
4. Will we have to pay out accrued but unused sick time upon termination, as required with vacation time?
   No. A payout of unused but earned sick time is not required upon separation of employment.
5. How will accruals work?
   Employees earn one hour of sick time for every 30 hours worked. Employees begin accruing on their start date OR July 1, 2015, whichever is later. Employees also may carry over up to 40 hours of time into the next calendar year. 
6. What about our current PTO policy? Do we have to abandon that policy?
   No. However, employers must ensure that their current PTO policy offers the same or a more generous benefit than the earned sick time law. A PTO policy must also offer that the earned sick time be used for the same purposes as outlined in answer #3 above. An employer's PTO policy may needs to be revised and perhaps re-written for compliance purposes.

First Beacon Group LLC will continue to provide guidance on the new earned sick leave law in Massachusetts. For more information, please contact Pattie Hunt Sinacole at psinacole@firstbeacongroup.com or (508)435-9889.

Job Doc chat with Pattie Hunt Sinacole @ Boston.com 11-06-14

This week Pattie answered questions about including non-relevant work experience in a resume, job listing sites for specific industries, a lack of good candidates for digital marketing roles, finding an entry level job for a veteran with a recent college degree, finding a job after a master's degree with a large gap between bachelor's and master's, and more... Read the transcript at http://www.boston.com/jobs/news/jobdoc/2014/10/monday_noon_job_doc_chat_with_6.html.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

A new supervisor confused over a performance problem

Q: I am a new supervisor in a financial services company in Boston. We don't have an HR department. I have four employees in our department. Three of the four employees are great. Then there is one that doesn't seem to want to cooperate. She returns late from lunch. She arrives late in the morning almost every day. This employee always seems to either just meet or no meet deadlines. It is stressful to work with someone like this. I feel like I cannot rely on her. Sometimes I feel like I am giving more work to the others since I know they will just get it done. Should I confront her? How do I do this?

A: Being a new supervisor is a challenge, especially when you step into a challenging situation with an employee. Here is what I would recommend:

First talk to the previous supervisor if possible. Are these new behaviors or behaviors that began some time ago? The longer you permit an employee to behave like this, the longer that they think that this behavior is acceptable. Even if the former supervisor is not available, I would still recommend confronting her. However, it is helpful to have some history. Also, talk to your manager to make sure that he or she does not have additional information which could be helpful.

Begin to document the issues. On what dates did she arrive late? What deadlines did she miss? When did she return from lunch later than expected? Once you have real-life examples of her performance concerns, you should meet with her, ideally face-to-face. Explain your concerns and give her examples (e.g., On October 27th, you arrived at work at 9:35am when 9:00am is our latest acceptable arrival time and on that same day, you took over 75 minutes for lunch when most of us take 60 minutes or less). Explain that her unreliability and tardiness is becoming a pattern.

Finally, ask her for her input on why this is occurring. Explain your expectations. Next, document your conversation. If her behavior continues, you may have to give her a written warning or consider terminating her. Check in with your manager before proceeding with any further discipline.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. Click here to read about more employment topics in The Job Doc Blog at Boston.com.