HR Q&A

Following our HR for Supervisors Training event in March, we compiled a list of our top questions and are providing the answers here. If there are any questions you have regarding HR or supervisor topics, please contact us.

The advice provided below is not intended to serve as legal advice. Our HR consultants are not attorneys but put forth the following questions and answers as a means of clarifying best practices. Additionally, these scenarios and questions do not cover all possible factors so we strongly urge you to contact Blakeman for your particular situation. Since current regulations tend to change or be altered over time, it’s important to verify with Blakeman that your best practices stay up to date as well. For legal advice, Blakeman & Associates can provide referrals for your needs.

Q. When an hourly employee goes to the doctor for a work related injury, does the company have to pay that employee their hourly wage while at the doctor?

A. While not required under Workers’ Compensation (WC), it may be required under Fair Labor Standards Act (FLSA) depending on how the employee was directed. Therefore, it is considered an HR best practice to do so.

Q. During a random drug test selection, there is a limited amount of time for the selected employee to take a test. Some managers have not allowed employees to take the test upon being selected. How can I help those managers understand that they’re not staying in compliance?

A. Hold the manager accountable and follow disciplinary procedures if they are not complying with directives. An optional action: if an employee misses the window of time by fault of the manager, he should be removed from the site and cannot work until he tests and the results come back. However, depending on the details of the delay and your policy, the employee may need to be paid while waiting for the results.

For Department Of Transportation (DOT)/Pipeline and Hazardous Materials Safety Administration (PHMSA) purposes the guidance for drug testing is: Immediately means that after an employee receives notification, all their actions must lead to an immediate specimen collection.

Q. If an employee is required to visit HR and leave their belongings at their desk to be collected by someone else, how do you communicate this correctly given the employee is being pulled from a team setting?

You should just request the employee come to HR. If you are terminating the employee, you should go with the employee to pick up their personal belongings after the termination. Provide a box if needed. Stay with the employee and escort them out of the building. During this entire process, remember to treat the employee with respect as this also reflects well on the company with current employees.

For more HR advise, contact a Blakeman & Associates representative today.