Change - Look for the Commonalities

Changes in federal, state or county law may require you to modify, transform, or  adjust  your policies and practices. During 32 years in Human Resources I have directed changes that resulted from the ADA, ADEA, FMLA, DFA, PDA  IRCA, WARN Act, EPA, COBRA, EPPA, ERISA, SOX,USERRA, FCRA and FLSA—and that’s only the federal alphabet soup.

The challenge is to ensure that you become  compliant with new regulations while remaining compliant with the old. Remember, making a change to accommodate a new requirement may very well create questions or problems somewhere else in the system. And boy is there is a lot to consider:  the amount of work the change may add to current processes, how much training may be needed,  how to communicate the changes to managers and employees,  and whether the current data record system can manage all the details.

Today let’s consider the FMLA,  which has been revised to accommodate military personnel (and their families) when deployed, or when a member of the military is injured and needs continuing care. (Now I’m not questioning the need – just pointing out the facts:  two more reasons to take a leave and boatload of new details to keep straight!)  The changes become effective January 16, 2009, covering Employee Notice, the Medical Certification Process (Includes HIPPA), and the Employer Notice Requirement.  How will these revisions affect staffing, benefits costs, paper processes and employee relations at your company?  How will others react when someone takes 26 weeks off under FMLA and you can’t hire anyone to fill the job?

Great Human Resources (GHR) focuses on achieving minimal interference and maximum efficiency when changes are mandated. Often the best response to a complex issue—just like in my previous post– is keeping it simple.  In this case “simple” means be extremely wary of variations that allow too much flexibility. We must never forget that we live and work in a litigious society!

Perhaps it wouldn’t hurt to chant a mantra to that effect first thing every morning:

“Litigation isn’t fun, even when the case is won!

Treating everyone alike keeps the lawsuits down the pike!”

Continuity of lawful practices across the organization can be the one thing that keeps you from being sorry later. No doubt, you have some managers who don’t get it.   How many think that their people are “different” and what they do/provide is substantially “different” than other areas of the company?  Of course that little construct is designed to allow them to manage“differently.”  Cheesh!  “Different” your nightmare – a labor lawyer’s daydream!

Successfully changing policies begins with recognizing the commonalities that run throughout your organization. Always start there and create a plan to cover them.  Only then should you look for what may be truly different.  As long as you first have a solid plan built on what everyone has in common you can safely design processes for special circumstances.  These processes must be documented if they are to help you when your decisions are questioned or even worse, challenged in court.  Keep in mind, “Litigation isn’t fun….”

Until Next time,

Patricia

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