Help for those who need a fragrance-free workplace

Q:  I have moved into a new role within my company.  There is a woman who wears an excessive amount of perfume who sits very close to my new cubicle.  She also has plug-in air fresheners within her cubicle.  I have noticed that my migraines react to certain strong fragrances.  Right now I avoid that area, however I can’t avoid her forever.  How do I gently her encourage to reduce the fragrances in her area?  I am not her boss but I am her peer.  Others joke about it but it’s not a joke to me.

A:  Fragrance sensitivity issues are now a more commonly discussed topic within our workplaces.  Those will allergies, asthma or other respiratory disorders are often especially concerned, as fragrances can be detrimental to their condition.  Those who suffer from migraines can also be affected.

Many employers have adopted a ban on fragrances in the workplace.  The American Lung Association has a sample Fragrance-Free policy on their website (http://action.lung.org/site/DocServer/fragrance-free-workplace.pdf).  Employers can use this policy as a starting point or as a template for their own policy.  It is a bit more difficult to ask visitors to comply with such a policy but most will comply if they are aware of the policy in advance.

Many employees wear colognes, perfumes and other scented products without ever intending to cause harm to another person.  However, these products can adversely affect another person’s health.

Ask your employer if they have considered issuing a fragrance-free policy.  Some health professionals have compared fragrance-free workplaces to that of smoke-free workplaces.  I expect that we will see more employees asking employers for workplaces which are free from excessive fragrances.  Health care environments, in particular, are at the forefront of this movement.

It is difficult to ask another coworker to change their habits, like their use of perfume or body lotion. However if they understand how the use of these fragrances impact others, this may help them appreciate your concerns.  You can also speak to your Human Resources department to ask your co-worker (and maybe even others) to limit their use of fragrances, air refreshers, etc. in the workplace. Additionally, some employers are asking their janitorial service to use fragrance-free products when cleaning offices.

For more information about chemical sensitivities, visit The Chemical Sensitivity Foundation at chemcialsensitivefoundation.org.

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.

At resignation, how final wages are calculated matters

Q: I just quit a job and received my final paycheck and noticed it was a lot less than expected. I was owed one week of work pay and pay for six vacation days that I earned but did not take. When I reached out to the company to ask, they informed me they prorated my final check and are calculating it by taking my bi-monthly salary and dividing it into how many total days in my final pay period. I tried to explain to them that I believe it should not be the total calendar days in the pay period (15), but how many working days (11) as this is a salaried position, 40 hours, Monday-Friday job and I did not work seven days a week. They also used this calculation to get the day rate to pay my vacation day payout.

The way they calculated it seems to artificially lower my daily rate, but they claim this is how their payroll company has always treated salaried employees and have so for many years. They claim to not understand what I’m talking about when I politely explain the error.
Is this normal for companies to calculate prorated salary and vacation time in Massachusetts? What should I do?

A: You have raised a good question, which we have responded to before in our column.  Unfortunately this same issue pops up again and again!

It sounds like your employer is miscalculating your final pay as well as your final vacation pay.  The result is an underpayment to you.

I contacted Attorney Valerie Samuels, a partner in the employment law practice with Posternak Blankstein & Lund in Boston.  Samuels explains: “Assuming you are an exempt employee paid on a weekly salary, and that your salary typically covers a five-day work week (even if you sometimes work more or less), you should have been paid for 11 days.  Accrued vacation time is also considered wages under Massachusetts law. The correct calculation would be to divide your weekly salary by five (based on a five-day work week), in order to determine your daily pay rate, then multiply that amount by eleven. You should have been paid that amount minus normal tax witholdings on the next regular payroll.  If you had been terminated, and not resigned, your employer would be required to pay you immediately upon termination.”

Samuels said that you may collect mandatory treble damages under the Massachusetts Wage law if you are not paid in full by the first regular payroll after your resignation. You may also receive payment for any attorney fees you incur in collecting the money.  Another option, and it may be an easier alternative would be to file a wage complaint with the Massachusetts Attorney General. This can be done online and without an attorney.  The Attorney General’s office will help you recover the proper amount due to you, but probably not treble damages.

A third option is to share this blog post with your former employer and give them the opportunity to make it right before you take further steps!   They need to begin calculating these wage payouts correctly.

It does not matter whether this error was intentional or not.  Employees have the right to prompt payment of wages owed to them.

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.

No feedback after internal job post

Q:  I recently posted for a job internally.  Another employee was selected.  I never heard back from the hiring manager or the internal recruiter explaining why I was not selected.  Is this typical?  I would like to know why so I can learn from this experience.

A: In general, companies post open positions internally to encourage employees to advance into new roles within the organization.  Employers are then able to retain talent and institutional knowledge (fancy words for the way the company works!).

Employers have different policies and practices for their internal job posting systems.  Most employers don’t post every single job.  However, many companies post many open positions, because job posting systems are an effective way to communicate to employees that the company is hiring and also the system encourages employee referrals.  Many companies have an internal posting period, maybe 7 or 10 days, which gives employees a first chance at applying, before they look at external candidates.  Some companies will look at external candidates at the same time, but will give internal candidates preference.

If you interviewed for the role, you should have absolutely been given the courtesy of a reason for why you were not selected, especially since you are an employee of the company.  I am not clear, based on the detail provided in your question, if you were interviewed or not.  If you submitted an internal application, you should have still received a response on whether you met the “cut” for interviews and if not, why.  For some roles, the candidate response can be overwhelming and not every candidate can be interviewed.  However, that doesn’t mean you shouldn’t be notified why.  Unfortunately, sometimes that might be an automated response (which no one likes, I know), but when you post a job and over 400 candidates apply, it is difficult to respond to all of the candidates in a meaningful way.

I think you should reach out to the recruiter and ask.  I would recommend sending a quick email with a gracious and professional tone.   Explain when you applied, for what role and that you never heard back (either after your application was submitted or after your interview).  Share that you had heard another candidate was selected and that you were hoping to understand the reasons why your candidacy did not advance.  I would hope then that you would receive a response from the recruiter with helpful feedback.

It is frustrating.  It is the number one complaint I hear from candidates.  It is what I call the “black hole” phenomena.  A resume or application is submitted and then a candidate never hears back.  It is especially disheartening though when it is your current employer.

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.

Preparing for a resignation

Q:  I have been working for three years in a role where I have been increasingly dissatisfied.  This is a first for me in a 20-year career.  Prior to this role, I had two eight-plus year stints, where I was quite happy and satisfied.  This has been a different experience for me.  The man I have been working for has been controlling, vindictive and distant.  I have never experienced anything quite like this before.  It has been a wake-up call.  I have accepted a new position and am starting in mid-September.  When I have resigned before, I gave plenty of notice to ensure a smooth transition.  I am not sure I can do that again.  My nerves are frayed and my stress level is at an all-time high.  What do you recommend?

A:  I am sorry you are so dissatisfied.  At least the end is near.  After three years, it sounds like you have given this role plenty of time to improve, but it still has not met your expectations.  It is time to move on.

First, develop a written transition plan.  Think about who can assume tasks, responsibilities and projects which you are now handling.  There may be some projects which may need to be postponed or deferred to a later date.

Second, compile a list of your most important contacts, both internally and externally.  This list should include name, title, context, email and telephone numbers.  Assuming your employer decides to replace you, this will be helpful to your replacement.

I would give two weeks’ notice but not more.  It sound like you may need to take some time off to recharge your batteries before you start a new role.  You want to begin a new role with lots of energy and enthusiasm.  You will need time off after you leave your current role — time to decompress and spend on yourself.  This will be important to your mental health and your stress level.

By developing a transition plan and leaving it behind, you are being a responsible corporate citizen.  You are making it easy for someone to step into your shoes and assume many of your old responsibilities.  You may also choose to leave your new company contact information in case your replacement has questions for you after you have left the company.  Good luck in your new role.  Please take that time off.  It is important to do!

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.

New business owner has questions on sick time law

Q: I just started my own business.  I have never owned a small business before.  Some of my employees seem to know more about these laws than I do.  Can you fill me in on this Mass. sick time law that they all seem to be chattering about?

A: In November of 2014, Massachusetts voters passed a ballot question which now requires Massachusetts employers to provide earned sick time to many of their employees.  Some of our clients thought this law was part of the Affordable Care Act (ACA) or “Obamacare,” but it is not.  It is a state law, which only applies to employees whose primary place of employment is in the state of Massachusetts.

The law went into effect on July 1, 2015.  Employers with fewer than 11 employees must offer up to 40 hours of unpaid sick time to employees in a calendar year.  Employers with 11 or more employees must offer up to 40 hours of paid sick time to employees in a calendar year.

Calculating the number of employees an employer has can be tricky though.  According to the law, the employer has to look at the average number of employees the company has maintained on the payroll during the preceding year.  However, full-timers, part-timers, seasonal and temporary employees must all be included in that calculation, which surprises some employers.  Employees furnished by a staffing agency must be counted by both the staffing agency and the employer for the purposes of determining the size of the company for this calculation.

The law also defines when sick time can be used under the law:

1. care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
2. care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
3. attend a routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse;
4. address the psychological, physical or legal effects of domestic violence; or
5. travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.

For more information, including the required workplace poster, visit www.mass.gov/ago/earnedsicktime.  The poster provides a quick overview that could be very helpful to both you and your employees.

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.