No year-end bonus

Q: I was just told that I would be one of the few employees not receiving a year-end bonus this year.  Historically my company rewards employees with a bonus in January, based on the prior year’s performance, both company and individual.  Our company did well, and I think I did ok.  Do you have a recommendation on how I should approach my manager?  I am angry that I was led to believe I was going to get a big check in January.

A: Many companies offer bonuses, which are based on overall company performance as well as individual employee performance.  It sounds like 2016 was a successful year for your company financially.  However, I am guessing that your individual performance did not meet an expectation or a standard, probably set by your manager.

Think back on the past year.  Were there goals that you did not meet?  Did you receive any signals that your performance was not up to par?  Did you and your manager have any serious conversations regarding deadlines missed, careless errors or not being a productive member of a team?  Usually there are signals, but sometimes managers are reluctant to confront performance issues.  Often times, ignoring a performance concern is a poor path in the long term.

First, take some time to think about the past year and allow any anger to subside.  Then, I would suggest requesting a face-to-face meeting with your manager.  Summarize your performance over the past year.  Ask for feedback on what you did well and also what you didn’t do well.  Ask how the bonus payouts were determined.

After this meeting you will have a sense of your manager’s perception of  your abilities.  Does your manager have confidence in you, or not?

Only you can make the decision whether you can continue to work for this manager and this company.  If you feel that you have been short-changed, only you know if you would be able to move on from that feeling.  Some employees are able to rally and improve upon their individual performance.  Others struggle and leave the company, looking for a better fit for their skills and their interests.

One final comment: because you have received a bonus in the past, does not mean you will always receive it in the future.  Companies often use individual performance as a criteria for awarding bonuses. You should never assume.

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 company acquisition may translate to a change in employee benefits

Q: When I was first hired by my company I was promised a list of generous benefits.  My company was just acquired by a larger firm.  We have been told that many benefits may change as of January 1st.  Rumors are rampant.  I accepted my first role with my current company and benefits were a big part of the reason I accepted the offer.  What can I do?

A: A company acquisition can be a challenge for all involved.  The acquiring company will often strive to integrate the new company.  Often the goal is consistency across the consolidated enterprise.  Policies, procedures and practices will all be reviewed and some change is inevitable.

Few companies have the same benefits year after year, even without an acquisition.  Companies typically assess employee benefits annually right before their annual open enrollment for benefits.  An employer may evaluate utilization, costs and the employment market to ensure that their benefits offerings are attractive to employees and candidates.

Usually there is fine print which may give you a hint that the employer can change benefits at any time. When we write or edit employee handbooks or benefits communications pieces, we often add a statement such as:  “ABC Company reserves the right to modify this handbook, amend or terminate any policies, procedures, or employee benefit programs.”

If you are concerned about possible changes to your employee benefits, it may be wise to raise your concerns now before any final decisions are made.  I would suggest communicating your concerns to your Human Resources Representative in a professional and thoughtful way.

With any merger or acquisition, there is almost always change.  In my experience, it is a mixed bag — some of the changes are a positive for employees, while there are negative changes as well.  Rumors can be unreliable.  It is better to ask a company representative, who has some subject matter expertise, for an update on any upcoming changes.

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. 

What to expect from an exit interview

Q: I have just given my notice after working for seven years at my current company. I was told that I should schedule an exit interview with corporate HR. I have never participated in an exit interview. What does this typically entail? If I share concerns about my manager, do they remain confidential (staying only with HR) or are they shared with others? I may need him as a reference one day in the future.

A: Congratulations on a giving your current company a good run of time! Seven years is an admirable length of service in most industries.

Most companies conduct exit interviews with employees leaving the company for a variety of reasons. One reason is that they want you to understand how your resignation will affect your pay and benefits. Some companies also want to solicit your feedback on the role, work environment and supervision received.

Sometimes your final paycheck may not look like your regular paycheck. If you are owed vacation time or paid time off (PTO), you should understand how and when that will be paid out. Or you may owe your employer vacation or PTO that you used but did not earn.

When will your benefits will end? Will your medical benefits continue through the end of the month or on your last active day of employment? What about your 401k, life insurance, disability, tuition aid, or other benefits?

Access to computer systems, your building, your office may be discussed. Company keys, laptops, corporate credit cards may also be collected.

You will likely be asked some questions about your work environment, your role, your workload and your supervisor. It is up to you what to share and what not to share. Before sharing any controversial information, I would strongly advise asking who receives the results of your exit interview. It is important for you to know this before you begin sharing. You raise a valid point. Each company has their own process for sharing this information. Some companies share general themes with each manager. Some employers share very specific information with the thought that the employee is gone and the risk for any backlash is minimal. Ask before you share.

Some of the questions that you may be asked:
•Would you recommend ABC company to a friend as a place to work?

• Do you feel like you had the tools and resources to do a good job here?

• How would you describe the culture of your department? our company?

• Do you feel like your goals were aligned with the company goals?

• Did your role match your expectations?

• Was the workload reasonable?

• Were you treated fairly and reasonably? Were others?

• Why did you begin looking for a new job?

• Is there anything that I should have asked that I didn’t ask?

• Is there anything that you would like to share that we didn’t talk about?

Finally, a good HR representative will leave you with a business card in case there are any additional concerns which surface after the exit interview. You may also want to ask how reference calls are handled by your company.

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.

FMLA and remote employees

Q: I have worked for a Boston-based company for several years. I live in western Mass and have lived here for over 10 years. I never considered it a big deal. However, now I am applying for a Family and Medical Leave Act (FMLA) leave, which I desperately need. My HR Manager is saying that I am not eligible because I work more than 75 miles away from our main office in Boston and my work site has fewer than 50 employees. I work from a home office. I don’t get it. I never thought I would be stripped of benefits just because I work at home.

A: Let’s review the Family and Medical Leave Act (FMLA). Most employers, with over 50 employees, are required to offer FMLA to eligible employees. What makes an employee eligible?

– An employee has to have worked for 12 months for that employer,

– An employee has to have worked 1250 hours in the previous 12 months before the leave begins, and

– An employee has to work at a site with at least 50 other employees, within 75 miles.

Your HR Manager may be getting stuck on the third requirement. More and more of us are working remotely. Well, thankfully, the FMLA has shared some guidance on this third requirement as it relates to employees working from a home office. An employee’s personal residence is not a worksite. For employees who work at home, their worksite is the office to which they report and from which assignments are made. [29 CFR 825.111(a)(2)] In short, this means you should consider the Boston office your worksite for FMLA purposes, assuming you report into that office and receive work from the office.  If the Boston office has fewer than 50 employees, you may still be out of luck.  If they have 50 or more employees, you have a strong argument.

Share this information with your HR Manager. It may be a detail of the law which is unfamiliar to your HR Manager. Thankfully there is guidance available.

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 COBRA?

Q: I just left my company and I was told my benefits ended on my last day of work. I thought I would be eligible for COBRA. When I asked my former manager, she said that I was ineligible for COBRA because my former employer is too small. Can you help me understand this?

A: I hate surprises. Good ones or bad ones, but bad surprises especially.

Most of us know a bit about COBRA, a federal law requiring most employers to offer benefits continuation after an employee leaves an organization. The federal COBRA law only requires employers with 20 or more employees to offer benefits continuation. However, Massachusetts has a law very similar to COBRA, called MiniCOBRA. MiniCOBRA requires most employers, with 2-19 employees, to provide benefits continuation to employees who have lost coverage. Although leaving an organization is probably the most common reason for being eligible for either COBRA or MiniCOBRA, there may be situations where an employee loses coverage for another reason (e.g., a reduction in work hours). Both of these laws require employers to offer benefits continuation to employees who have lost coverage, but also family members who have lost coverage. Here is a link that will share some useful information on MiniCOBRA http://www.mass.gov/ocabr/insurance/health-insurance/consumer-guides/minicobra.html.

Employers can deny an employee benefits continuation for very limited reasons. “Gross misconduct” can disqualify an employee from benefits continuation. Although the laws don’t define exactly what this means, most agree that a termination for tardiness or poor performance are not legitimate “gross misconduct” reasons for disqualifying an employee from benefits continuation rights. Legitimate reasons for denying benefits continuation rights might be theft or committing some some type of violent act within the workplace.

I would re-connect with your former employer after you have had a chance to review information on COBRA and MiniCOBRA. Your employer may not aware of the state law.

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.

Company Theft and COBRA

Q: I recently was terminated from my job. I was stupid. I used a company credit card to buy things for my apartment. I got caught. I plan to pay the company back. I thought I would be offered COBRA so I can continue my benefits. I was told by my HR Rep that I could not continue my benefits since my termination can be classified as "gross misconduct." Have you ever heard of this or are they playing hardball?

A: What an unfortunate situation. It sounds like you knew you should not be using the company credit card, but you did anyway.

Your HR Representative has shared accurate information. You can be denied COBRA, because of the reason for your termination. Many would agree that stealing from the company fits into the definition of "gross misconduct." Worse, your former employer may be pressing charges against you for theft and they will also very likely protest your claim if you file for unemployment benefits.

You may want to consider researching benefits options through the Massachusetts Health Connector, assuming you live in Massachusetts. The Health Connector offers a variety of plans through a variety of well-established carriers. The number for The Health Connector is 1-877-MA-ENROLL (1-877-623-6765).

You also may be able to access coverage another way. If you have a spouse or domestic partner, you may be able to join his or her plan since your termination is a qualifying event. A qualifying event can be anything from a divorce to a reduction in hours (which sometimes makes an employee ineligible for benefits).

Finally, my hope is that you have learned a valuable lesson. The decision to use your former company's credit card will likely haunt you for many years, particularly if your former employer decides to press charges against you.

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.

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 blog - how to respond to vacation requests

From today's Job Doc blog -- responding to vacation requests!

From the Boston Sunday Globe - employee referrals

The ins and out of employee referral programs - read on!

http://www.boston.com/jobs/news/jobdoc/2011/05/the_ins_and_outs_of_employee_r.html

Confusion around COBRA

Confusion around COBRA - Job Doc blog Monday, April 5, 2010

The web of employee benefits

We have developed a new alliance with the MA office of Northern Benefits (www.mabenefits.com). They work with small to mid-sized firms in both MA and RI.