SHRM
Employment Law and Legislative Conference
Flexing for
Work-Life Integration By Christine V. Walters
JD, MAS, SHRM-SCP, SPHR Independent Consultant FiveL Company www.FiveL.net
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We hear a lot about workplace flexibility and work-life balance. But what are they really? Do they really work and, if so how? I had the honor of presenting to an audience of nearly 300 attendees on this topic at SHRM's recent Employment Law & Legislative conference. The dialogue, interest, and Q & A were so engaging for me that it seemed a good time to share some of the information to an even broader audience. First, let’s get the legal issues out of the way. Employers’ flexibility does have constraints related to compliance under a variety of laws. Just a few federal laws that impact Workplace Flexibility (workflex) options include: • Americans with Disabilities Act (ADA) – Covered employers must not discriminate against and must provide reasonable accommodation for qualified individuals with disabilities. • Fair Labor Standards Act (FLSA) – Non-exempt employees must be paid for all hours worked; exempt employees must be paid for certain partial or full day absences; and other rules impact how work schedules and paid leave programs can be structured. • Family and Medical Leave Act (FMLA) – This leave may run concurrent with paid leave programs. Covered employers should ensure that their policy includes all the regulatory requirements and is not so broad as to create commitments to which they are not otherwise required to provide. • Uniformed Services Employment and Reemployment Rights Act (USERRA) – Most employers are covered under this law and requires not only time off from work for covered service in the Uniformed Services but escalated reinstatement rights. • State and Local Laws – Employers need to ensure they comply with not only the myriad federal requirements but state and local laws and regulations that may also impact the development and implementation of workflex programs, practices and policies. Integration versus Balance: What do you picture or see when you hear the word balance? A scale? A seesaw? The implication might be that the activities we are trying to balance are mutually exclusive and have an inverse relationship; as one increases the other decreases. But that's not how this works, is it? We stand in the shoes of a parent, spouse, significant other, son or daughter, student, reservist and so many other roles simultaneous to the one(s) we have at work. With that in mind we'll refer to this struggle as work-life integration rather than balance. 32
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What is it? It depends upon whom you ask. I dare say it is, can be and should be whatever works best for your business operations and your employees. That implies it may look differently from one employee to another. For one it might be flex time; for another flex place; for another an alternate work schedule (AWS) including reduced, modified or a compressed work week schedule. There are myriad models in the marketplace so you need to compare, contrast and choose one or more that will work well for your business operations as well as your employees’ needs. Just a few examples of AWS for example could be a full-time, weekly work schedule of 4 10-hour days or 4/9/8, in which an employee works four 9-hour days each week and one 8-hour day on alternate weeks. When Work Works has some great resources, publications and case studies that showcase what some employers, large and small have done to enhance WorkLife integration for their employees. Why offer it #1? Let's face it. We have to run our business successfully and with an eye to sound fiscal policy. If we don't then flexibility will be the last thing on our mind, replaced with struggle to stay competitive if not afloat. The data is still fairly new and coming out but it does show measurable, positive results related to recruitment, retention and employee engagement. Reducing recruitment time, increasing retention rates and employee engagement have all been tied to positive fiscal outcomes. Why offer it #2? Do existing, new and pending laws and regulations frustrate you from time to time? I have had the honor on four occasions over the last two months to testify or just chat with elected officials, federal and state about employer mandates. Of all the posturing, defenses, objections and (well you get the idea) I find the simplest, most compelling and sincere explanation as to why employers don't need (paid) leave mandates is because the vast majority are already doing great things for their employees. And if we would spend 1/10th of the time talking about our proactive practices as we do the "bad actors" then we might find common ground and paths to best serve the needs of ALL employees for EACH employer that is best suited to their mutual and respective needs. How? This may be the most difficult question to answer. Carefully! The best of intentions may go awry. Legal compliance can be challenging from a variety of perspectives: ADA, FLSA, FMLA, Title VII and nearly the entire gamut of HR alphabet soup. Sure, WorkFlex programs may be fraught with peril but the rewards can be so compelling they far exceed the risk and may be well worth the gain. Gains are in trust, gratitude and loyalty from your employees. Just ask them. I hear powerful stories from employees who are grateful for the flexibility provided by their employer so they could meet the demands that life throws their way from time to time. Where do I begin? There is no need to reinvent the wheel. Here are some free resources to help you get started and/or assess where you are. • When Work Works offers a free on-line assessment that provides a WorkFlex score that compares you to employers across the nation. • The Families and Work Institute (FWI) has lots of resources for employers including videos, research, expert commentary and blog postings. • The above both partner with SHRM, which also dedicates an entire section of its website to resources for employers including a Workplace Flexibility toolkit, webcasts, related publications and more. Next Steps? Do you think you have some great workflex programs? Mark your calendar for August 17, 2015 when the application process for the When Work Works awards will open!