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Recalling Employees Back to Work

Recalling Employees Back to Work

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By Erica Brune, President, Lever1

Many businesses are obtaining federal tax relief through SBA loans, Paycheck Protection Program loans and other paid leave credits, which is fantastic news for the small and midsize business market. But now what? How do these same business owners turn the faucet back on quickly and transition staff to the office or rehire after a lengthy shutdown and lay off?

A positive, clear, and well-documented rehire process can foster employee loyalty and increase employee morale, while assisting in mitigating litigations for discrimination.

We encourage employers who will recall (rehire) workers to have a clear, objective selection method in place and to consider the inclusion of a recall policy.

How do I decide who to recall?

Employees can be selected for rehire based upon many factors, or a combination of factors including:

  • Experience in the industry
  • Seniority with the company
  • Performance review ratings
  • Lack of disciplinary problems
  • Education
  • Performance on skills tests or other objective measures
  • Performance in rehire interviews

An employer can base rehire decisions on any one of these factors, or on a combination of these factors. Employers should beware of “playing favorites” or using personal, subjective criteria for recalling laid-off employees. One of the best defenses is accurate, well-documented evidence that the chosen criteria were objective, and the employer applied the criteria consistently. To assist in this process, the use of a Recall Policy is encouraged.

A recall policy would include the company’s objective with the policy, the procedures for how the company will handle layoffs, if necessary, and the procedure for if a recall is needed. The purpose of a recall policy is to offer transparency to your employees and provide necessary information. The policy should layout what would happen if an employee is recalled back to work after a period of furlough.

Employees who are laid off should remain on a recall list for six months or until management determines the layoff is permanent, whichever occurs first. Removal from the recall list terminates all job rights the employee may have. While on the recall list, employees should inform the human resource (HR) department if they become unavailable for recall. Employees who do not keep a current home address and phone number on record with the HR department will lose their recall rights.

Employees will be recalled according to the needs of the company, the employee’s classification, and the ability to perform the job. Notice of recall will be sent by registered mail, return receipt requested, to the employee’s home address on record. Unless an employee responds to the recall notice within seven days following receipt of the notice or its attempted delivery, the employee’s name will be removed from the recall list and the employee will no longer have any job rights with the company.

Credit for seniority will continue to accumulate during any layoff of 30 days or less. Employees laid off for more than 30 days and subsequently recalled within six months from the date of layoff will be credited with the service accumulated at the time of layoff.

Recall procedures

Employers should plan for how and when employees will return to work or to the worksite to create an organized and controlled approach. All employees returning on the same day at the same time could be overwhelming and possibly unsafe.

Things to consider prior to recalling employees:

  • Phasing-in employees returning to work:
    • Use seniority or other nondiscriminatory factors for selection.
    • Consider adopting a work share program or SUB plan if bringing employees back on a reduced schedule.
    • Determine schedule changes to provide the greatest protection to workers.
  • Creating a plan for employees in high-risk categories for infection to return to work:
    • Consider allowing them to work from home or remain on leave until they feel comfortable to return.
    • Determine increased measures to protect them when working onsite, including isolated workstations, additional PPE as requested, fewer days in the office, etc.
  • Notifying the state unemployment agency of employees recalled to work. This is a state requirement and will help save on unemployment taxes for those who choose not to return to work.
  • Determine how to handle employees who are unable or unwilling to return to work.
    • Employees who are fearful of returning to work.
    • Employees who have family obligations that interfere with the ability to return to work.
    • Employees who remain under quarantine due to exposure to COVID-19.

Can employees refuse a recall to work and still collect unemployment?

In many cases, the answer will be no, but it is up to the state to decide on a case-by-case basis. Depending on the circumstances, the individual may be unable to work due to COVID-19 whether it is a stay-at-home order or caring for a child while their school is closed.

If the employee is recalled to their previous job and they refuse, their unemployment benefits may be forfeited but the circumstance for the worker should be evaluated. Please check with state guidelines prior to making this final determination.

Returning to work and mental health

As recalls begin and employees start transitioning back into the office, it is important to recognize the mental health aspect of the change. There is likely to be a mix of happiness and fear as employees return to work. Some experts say, in the beginning, employee productivity is likely to not be as high due to worker’s concerns including childcare arrangements and elder care.

Not every employee will have the same reaction as they return to work, so it is important to calibrate your responses accordingly.

Supervisors also need to realize some staff members could be less productive due to the stressful situation, and they may have to rethink how they will measure performance for a short period of time. Finally, find out what options are available for workers through the employee assistance programs your organization offers and contact your health insurance companies to see if they provide for counseling sessions.

Conclusion

As businesses re-open and employees begin returning to the office, it is vital the proper steps are taken to ensure a safe and compliant return. This means staying in compliance with municipal, county, state, and federal stay-at-home orders. Opening in violation of any shelter-in-place orders could result in criminal penalties, such as fines, or other penalties depending on the jurisdiction. The implementation of phases and policies outlining the company’s objective will help to create a transparent relationship between the employers and employees.


Erica Brune

ERICA BRUNE is President of Lever1, a Kansas City-based professional employer organization (PEO) providing human resources, payroll and employee benefit solutions. Within five years of launching Lever1, Erica helped drive the company to become Missouri’s Fastest Growing Company of 2017 – ranked No. 44 in the nation by Inc. Magazine and Women Presidents’ Organization recently named Erica No. 4 in The 50 Fastest-Growing Women-Owned/Led Companies 2018. With Erica’s guidance, Lever1 has secured an industry-wide reputation of excellence, operational reliability and thought leadership.

Erica Brune holds a dual role as CAO of an Inc. 500/5000 Fastest Growing Company, Blue Chair Holdings – which includes subsidiary Gragg Advertising. Honored among Kansas City Business Journal’s 2016 Women Who Mean Business, Erica offers 19 years of human resources and strategic fiscal reporting that has led to 45% financial growth year over year for her companies.

Within the first three years of operation Lever1 expanded business into over 40 states and provides services to nearly 3,000 lives. Under Erica’s leadership, the Lever1 staff allows clients the freedom to focus on the core goals of their business. These achievements have earned Lever1 recognition among 2017’s Top 25 KC Companies by Thinking Bigger Business and recognition as 2017 and 2018 Ernst & Young Entrepreneur of the Year Finalist.

Her team’s customer-first mindset drives the PEO to achieve greatness for its clients and help them succeed. From providing countless workshops on HR topics for entrepreneurs to nonprofit and charity work, Erica is engrained in the community and giving back continues to be an incredibly important aspect of Lever1. Erica’s expertise has been shared in renowned publications including Kansas City Business Journal, National Apartment Association and Thinking Bigger Business.

Erica is also seen regularly speaking across the nation as an expert in human capital management and business growth strategies with topics such as pay equity, HR for your small business and recruiting top talent to grow your business. Erica has been featured at national conferences such as NAPEO, NAWBO and Non-Profit Connect.



Contact Information: Erica Brune // President // Lever1 // 816-994-1300 // lever1.com // Twitter: https://twitter.com/Lever_1 // LinkedIn: https://www.linkedin.com/company/lever1 // Facebook: https://www.facebook.com/Lever1PEO // Instagram: https://www.instagram.com/lever1.peo/
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