PEO CANADA

What should you be thinking about if your employee has a Long Term Disability (LTD)? And, more importantly, what should you be thinking about before they reach the transition from a short term to a long term disability?

Most insured plans today tailor their LTD programs to coincide with the federal programs for EI and CPP sickness/disability benefits. Once an employee has been unable to work for 17 weeks they would transition from a short term to a long term disability.

As soon as you are aware of a possible long term disability case then you need to do some planning in advance. Here are some points to consider:

·         Is the employee able to assist in the application process or is another family member or other representative designated as your primary contact. Who do you have permission to talk to? Never assume, get an authorization in writing if you are not dealing directly with the employee.

·         Before the 17 week point, ensure that the employee or representative has all the applicable claim forms and that they understand the process and procedures that will be occurring.

·         As part of an insured LTD plan, an insurer will assign a disability case worker/adjudicator and/or rehabilitation specialist or combination of all 3. Ensure that as an employer you coordinate fully with these individuals to assist the employee. Liaison is critical between the employer, employee and insurer. If you are managing multiple LTD claims you may want to write formal processes.

·         Will health and dental benefits continue? If so, who will be responsible for payment of the premiums? Will the coverage be the same? Will there be any adjustments for cost of living? If the employee will be contributing how will payments be collected? Ensure that the employee is 100% clear – putting this information in writing is very important.

·         If health and dental benefits are continuing at what point will this cease? Most plans allow for a review of an LTD case at the 2 year mark often coinciding with their own occupation definition. At this point there will often be a determination if the disability is permanent and whether the employee is likely to return to work. If the employee is unlikely to return to work you will need to determine if the employee still qualifies for coverage under the contract. There maybe written requirements in contracts/policies or in union agreements as to how benefits are handled in LTD situations – ensure that you check. If nothing has been written and you are in new territory then remember any decisions you make about benefits continuation due to permanent disability will set a precedent.

·         Once an employee moves into a long term disability scenario it is important to maintain contact. It is a good idea to assign a supervisor or manager with the task of maintaining contact - be specific and set up some time line expectations. From a planning point of view an employer will need to know if and when the employee is likely to return. Beware of hiring a permanent replacement as those employees that seem unlikely to return often do!

Disability management is a very complex subject and each scenario may need to be handled slightly differently due to the nature of each illness. The above list is just a few ideas to get you thinking! Ensure that you utilize all resources for support and information, especially your insurer. Remember, careful consideration of all possible outcomes is crucial for effective management of disability situations.

In recent years we have seen an increase in employee pregnancies in our company and I’m sure that most of you have seen the same. This can be tough on employers as Canada has one of the most generous maternity leave policies in place. Combined maternity and parental leave is a total of 52 weeks. That is one year!! This is extremely nice for a family but hard on an employer as you have to fill that gap for that year.

First, you cannot fire or demote an employee because they are pregnant. Even if that employee has not worked for you for 52 weeks, you still cannot fire them. You must accommodate your pregnant employee’s needs for the time that they are pregnant. They must still have access to all benefits, such as overtime, seniority and vacation time. You also cannot tell your employee when they are to start their leave. As long as that employee is up to it, they can work right until the day the baby is born. Pregnancy is a valid health reason to be away from work for appointments and such but it is in no way considered an “illness” or “disability”. Employers must be very cautious as to how they approach their pregnant employees as any misguided comment could become a labour standards issue.

Once an employee is off on Maternity leave, you are not obligated to provide any additional salary to them. New mothers can apply for Employment Insurance benefits as long as they are eligible. To receive maternity benefits, an employee is required to have worked for 600 hours in the last 52 weeks or since their last Employment Insurance claim. A mother can start collecting these benefits up to 8 weeks prior to their due date. It is the employee’s responsibility to advise their employer as to the start of their maternity leave. This should always be completed in writing and depending on the province of employment, an employee must provide anywhere from 2 – 4 weeks notice of their leave.

Upon completion of an employee’s maternity/parental leave, employees must provide their employer with a letter indicating the date of their return. A returning employee must be reinstated to their former position or to a position that is comparable with the same rate of pay and benefits that they had when they left. It is always best to consider hiring someone for a contract position so that when the employee does return to work, the contract person is aware that their position is complete. In addition to that, if the employee decides not to return, the contract can be extended for that current employee, without having to train someone new….again.

On that note, I sign off on my last blog as I too, will be on maternity leave as of December 31, 2009. Happy Holidays to everyone!

The following information is drawn from a fact sheet from the website for the Office of the Privacy Commissioner of Canada.  To view the full article, follow this link:  Link to Complete Article

The use of social networking sites (SNS) such as Facebook, MySpace or LinkedIn in the workplace raises privacy implications for both employees and employers. Organizations should develop policies on the appropriate use of SNS in the workplace.

While many employers have guidelines and codes of conduct for e-mail and Internet use, SNS pose different privacy challenges which should be specifically addressed in conjunction with these other workplace rules.  Clear rules and policies drafted specifically on the use of SNS should be communicated to all employees.

The policy should generally establish best practices and outline expectations for acceptable use of SNS in the workplace, set out the consequences of misuse, and address any workplace privacy issues.  Specifically, the policy should address:

·         whether the organization permits the use of personal or employer-hosted SNS in the workplace;

·         if SNS are permissible, in what context and for what purposes may they be used?

·         whether the employer monitors SNS sites;

·         what legislation applies to the collection, use or disclosure of personal information in the workplace;

·         what other rules may apply to the use of SNS in the workplace (collective agreements; other relevant legislation);

·         the consequences of non-compliance with the policy and,

·         any other existing policies about the proper use of electronic networks with respect to employee privacy and handling confidential information.

Employers and employees should be aware of the potential damages to individuals and the corporation through inappropriate disclosures of personal or confidential business information on SNS. The possible consequences of an improper or unintended disclosure may be:

·     a defamation lawsuit;

·     copyright, patent or trademark infringement claims,

·     a privacy or human rights complaint;

·     a workplace grievance under a collective agreement or unfair labour practice complaint;

·     criminal charges with respect to obscene or hate materials;

·     damage to the employer’s reputation and business interests.

Legal responsibility for damages from an inappropriate disclosure could potentially rest with individual employees, management or the organization as a whole.

It is imperative that you know as much about a prospective client as possible before you present your solution and pricing to them. Please find below a list of seven key questions you should know the answers to before you present your solution to them.

1. What is the Client’s problem or issue?

Most times the client is aware of his or her issues but wants to make sure that you are aware of them. By doing this you are gaining credibility, proving that you are in fact listening. If you do not know why they are talking to you, chances are you will not find a solution for them.

2. Why is it a problem?

So you have established what the problem is but do you know why it is a problem? They may indicate that they are looking for a particular product or service but to really understand the client and their needs, find out what impact that particular problem has on them.

3. What is the desired outcome?

You now know what the problem is and why it is a problem. You better know what their end goal is whether it is freedom or more time with their family or cost savings. Focus on how your product or service will achieve this outcome.

4. What is the most important problem?

Many times clients will list multiple problems or issues. Find out what their most immediate need is and focus your attention on that. If you are not aware of their biggest need and you highlight secondary issues, they may not see your product or service as an immediate solution.

5. What are potential solutions?

Whenever possible try to give the client a couple of different solutions that address their primary problem. This will show that you are in tune to the clients needs and the client has some power and control over the process.

6. What are the probable results?

You have now successfully given them a set of solutions. Don’t forget to highlight what the results will be with each of the choices you have given them. Show them how these solutions will result in their desired outcome from question three.

7. Why are we the right choice?

You are kidding yourself if you think that you are the only solution to their problem. If you have made it this far make sure to differentiate yourself from your competitors and make sure they know why they should do business with you and not someone else. Failure to do that may place you in the unenviable place of being commoditized and you will be judged solely on price and not the value you will bring to them by solving their problems.