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CAN I ASK AN EMPLOYEE IF THEY’RE PREGNANT?

ONE OF OUR EMPLOYEES HAS TAKEN ON A SECOND JOB, AND I’M CONCERNED THE ADDITIONAL WORK MIGHT HURT HIS PERFORMANCE OR INTERFERE WITH HIS WORK FOR US. WHAT DO YOU RECOMMEND?

We recommend you not ask an employee if they’re pregnant and, instead, wait for them to inform you. With few exceptions, employers may not inquire about an employee’s medical information unless the employee has requested an accommodation or leave, and employees are usually under no obligation to inform their employer of a pregnancy. The only exception to the latter is that some leave laws require advance notice if an employee is planning to take foreseeable leave (such as for baby bonding).

Employers often want to ask this question because they believe they need to take special precautions with pregnant employees. That, however, is generally not the case. If an employee informs you of a pregnancy, we recommend you keep the following in mind:

• You may not require medical certification indicating that an employee may continue working while pregnant. • You may not put the employee on restricted duty or make any other modifications to their work unless they have informed you of restrictions due to a health condition. • You may not force a pregnant employee into a leave of absence or work restriction if they are still capable of performing the essential duties of their job. • The employee alone is responsible for making decisions that affect their safety and that of their future offspring, and the employee is protected from retaliation if they raise a complaint or concern on those grounds. • Once the employee notifies you of the pregnancy, you should ensure they know about the options available if at some point they need an accommodation. • State law may require that you provide the employee with certain notices. • State law may require that certain accommodations be offered to pregnant employees, even if they do not have conditions that rise to the level of disability. • The employee may be entitled to take leave during and after the pregnancy.

Answer from Laura, SHRM-CP

If you haven’t had previous issues with this employee’s performance, I wouldn’t worry too much about his taking a second job. Side jobs are common, and many people manage them just fine. You can certainly reiterate your performance expectations, whether that’s completing assignments on time, immediately responding to messages, or meeting production quotas.

If at some point the quality of this employee’s work does begin to suffer, I would meet with him sooner rather than later to address the issue. A simple warning may be enough to get his performance back on track. Other options might include a performance improvement plan or a modified schedule that helps him better balance the two jobs.

Another consideration you might make is whether there are additional job opportunities at your place of employment that would appeal to this employee. Chances are he’s taken a side job to earn extra pay, expand his network, or enhance his work experience. Those may be goals you can help him achieve so he doesn’t have to look for work elsewhere.

Answer from Kyle, PHR

Managing remote employees can certainly be a challenge. Here are some of the practices we recommend:

• Set measurable goals around quality of work. Whether employees get their work done to your satisfaction is more important to your bottom line than whether they’re always at their workstation. Make all the resources necessary for employees to do their jobs remotely easily available. These may include phones, computers, extra monitors, video conferencing software, and instant messaging apps. If you need employees to have fast internet speeds, consider subsidizing the necessary costs. • Create and communicate a work-from-home policy so everyone knows what’s expected of them. • Talk regularly with employees about what’s working well and not-so-well. Encourage them to reach out to HR or a manager if remote work is causing any difficulties or challenges. • Hold all meetings virtually, even if some people are working in a company office, so everyone is equally able to participate. This means having employees who are in the workplace login from their individual computers and not be in the same room as their other in-office colleagues during the meeting. • Promote a good work-life balance by making sure remote employees know when their workday ends. It’s very easy for employees working at home to spend more time working than they would in an office environment.

Answer from Sarah, PHR, SHRM-CP

AN EMPLOYEE WORKED UNAUTHORIZED OVERTIME. DO WE HAVE TO PAY THEM THE TIME AND A HALF FOR THESE HOURS?

WHAT IS A WORKWEEK? IS IT JUST OUR HOURS OF OPERATION?

Yes. Any overtime worked by non-exempt employees must be compensated, regardless of whether the overtime was authorized. We recommend communicating with the employee about work expectations outside of their scheduled workday, making it clear that the company does not expect or permit employees to work unauthorized time and that working without permission is subject to disciplinary action.

Assuming you have a policy that requires overtime be authorized ahead of time, you can (and should) discipline employees for working unauthorized overtime, just as you would for any other violation of your policy. An oral or written warning may suffice for the first offense. Repeated offenses may warrant further corrective action, up to and including termination.

Answer from Margaret, PHR, SHRM-CP

A workweek is not the same thing as your hours of operation. Rather, it defines the 168-hour period (i.e., seven 24-hour days) in which you track your non-exempt employees’ time to determine whether they’re owed any overtime premium pay.

The workweek can start and end whenever you would like (e.g., Saturday at midnight or Tuesday at noon), but it should change rarely, if ever. Changing it to avoid paying overtime would violate the Fair Labor Standards Act and could lead to wage complaints.

Your employees should know what the workweek is. We recommend posting it in a place they’ll see, like a wall in the office kitchen or in the employee handbook.

Answer from Kelley, PHR