Submitted by Brian Cox

"We can all use some expert advice on HR issues every now and then..."

As we received our mail for May, we noticed a great reminder on the HR Knowledge Advisor service which you can access several ways to assist with your tough issues!

SHRM's HR Knowledge Advisor service responds to more than 100,000 HR questions from members each year. You may have an active question for a current issue or you can benchmark the decisions you just made and want to confirm your direction.

There are several ways to reach the SHRM Knowledge Advisor Center:

Find all the details at www.shrm.org and start getting your expert advice today - another great benefit from your SHRM membership!

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Submitted by Susan Martin

As we continue to work toward a publishing “Go Live” date with The INSYSTAR.com Article Project (ISAP), we would like to be sure that we keep our own publication of the great articles submitted for this project moving. Each month, we will highlight in our newsletter, one of our HR professionals and the articles they have submitted. This month, our feature article is contributed by Shawna Lake.

Shawna Lake is certified as a Senior Professional in Human Resources (SPHR) and currently serves as the Human Resources Manager at the Indianapolis Zoo. She holds degrees from Ball State University in Human Resource Management and Organizational Communication.

Follows is Shawna's article for this month – enjoy!


The Value of “Unpaid Human Resources”
Submitted by Shawna Lake

What is the value of volunteers to your organization’s bottom line? Ask executives, HR professionals, volunteer administrators, and the volunteers themselves, and you’ll get many answers. There are tangible and intangible benefits of a successful volunteer program to both the volunteers and the organization. Some organizations – like the Indianapolis Zoo – couldn’t offer the quantity and quality of community programs without the tireless efforts of our volunteer workforce.

If you’re having trouble getting support from others within your organization for the volunteer program or just want to shine some extra light on the value of your volunteers, try quantifying volunteer contributions. For example, at the Indianapolis Zoo volunteers worked a total of 55,110 hours in 2007. If we divide that by the number of hours in a standard work year (2080), we get the equivalent of 26 full time staff members! You can go a step further and calculate the average pay rate for an employee performing the same or similar functions as the volunteers and calculate payroll savings. Go beyond that to add benefit costs, fixed office expense, and so on, and you can really put some emphasis on the monetary value of your volunteer programs. You have just made a compelling case for volunteers in your organization to those who don’t already fully recognize and appreciate this special segment of the workforce.

It may be difficult to assign a pay rate to your volunteer time, especially if your volunteers perform tasks not similar to those of any paid employees. Check out the Independent Sector organization at independentsector.org. They do extensive research and publish a dollar rate each year to help you to quantify the value of volunteer time. The 2007 rate will be out shortly. For 2006, the national average was $18.77 per hour. In years when this organization breaks that down per state, Indiana tends to be a couple of dollars below that average.

As the people directly or ultimately responsible for volunteer programs, we know there is additional value in retaining our top quality volunteers. April is National Volunteer Recognition Month. While recognition efforts should be on-going, take this opportunity to think about ways to thank and reward your hard-working volunteers. If you have the budget for a lunch/dinner and awards program, consider allowing volunteers to bring a guest. By choosing to volunteer with your organization, the individual may be giving up time at work or with family and friends. Some recognition programs can be done with little to no budget (pitch-ins, donations, trading goods or services, advanced training, etc.).

Ask some of your volunteers for suggestions of recognition programs they would enjoy. Many will also be able to share ideas from other organizations with which they work. At the Zoo, we have several wonderful volunteers and paid staff members who also share their time and talents with other professional or community organizations such as schools, churches, hospitals, and more.

At the end of the day; is the goal to put a price tag on your volunteer program? Hopefully, you can help me argue no. However, it is sometimes necessary to put some numbers in front of important individuals within your organization that will bring awareness to the program and elicit support, including budgetary support. For those of us in Human Resources who manage and support our unpaid “human resources,” we know that volunteer time and energy is priceless!

If you are interested in contributing an article to this project or for the HRACI monthly newsletter, please contact: Susan Martin at SMartin@uspatent.com

• Learn what steps you can take to reduce your risk of being sued by a client or competitor.
• Learn what types of legal documents you need (business succession plan, annual corporate minutes, buy-sell agreements among partners, etc.).
• Learn what factors you must consider when merging, selling or buying a business.
• Learn what types of legal documents and/or agreements you need when working with another consulting firm (confidentiality, non-compete, fee distribution, work product ownership, etc.)
• Learn how copyright and trademark laws work and how you can protect your original materials and legally use others’ materials.

This program has been approved for recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org

Submitted by Jennifer Lange

Thinking About Taking the PHR or SPHR Certification Exam in December 2008 or January 2009?

The 2008 Fall HRACI PHR/SPHR study groups will start mid-September. Classes will meet one night a week from 6:00pm - 8:30pm for nine weeks. We HOPE to have two locations (depending on interest) –Northside and Downtown.

In early August HRACI we will begin accepting online registrations for the HRACI study group(s) and each session/location will be limited to 25 participants. However, if you know that you’re interested – send an email to Jennifer Lange (jennifer.lange@oldnational.com) and she’ll be sure to contact you when the registration link on HRACI’s website is live to ensure that you don’t miss it!

Again, this Fall we’re going to be using the HRCP study materials (this is NOT the same as SHRM Learning System) which includes six (6) study booklets covering each section of the exam, review questions and answers for each unit, and over 500 flashcards. To learn more about the HRCP materials, you can go to www.HRCP.com.

The cost for the program will be around $400 for HRACI members and $600 for non-members (specifics still TBD).

If you have questions or would like some more information – please contact Jennifer Lange, PHR at 317-706-9531 or via email at jennifer.lange@oldnational.com.

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Submitted by: Dennis Stull

Expanded FMLA Leave Protection for Close Relatives of Service Members
Written by Heather L. Wilson

Employers should take steps to prepare themselves for significant changes to the Family and Medical Leave Act of 1993. On January 28, 2008, the National Defense Authorization Act of 2008 was signed into law, which has provided extended FMLA protection to certain relatives of uniformed service members.

This is the first expansion of the FMLA since its enactment in 1993 and it has been amended in two principal ways. The first provision is a leave to handle “exigencies” which provides up to 12 weeks of FMLA leave for a “qualifying exigency” arising out of a close family member’s call to active duty. The second provision is leave to care for a family member injured during military service and provides up to 26 weeks of leave. Both forms of military family leave may be taken intermittently or on a reduced leave schedule. The FMLA requirements for employee and employer eligibility, notice, certifications and job protections apply.

On February 11, 2008, the Department of Labor (DOL) published a Notice of Proposed Rulemaking in the Federal Register, which provided some guidance on these new types of leaves. The proposed rules were open for public comment until April 11, 2008 and final rulemaking likely will not be concluded until the end of this year.

“Qualifying Exigency” Leave

On January 30, 2008, the DOL posted a notice on its website stating that the requirements to provide leave to deal with exigencies when a family member is called to active duty will not go into effect until final regulations are issued defining “qualifying exigency.” Once in effect, employees will be entitled to 12 weeks of leave due to a “qualifying exigency” which arises “out of the fact that the spouse, [child] or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces to support a contingency operation.” The 12 week “exigency” leave is part of the combined total of 12 weeks of FMLA leave available to employees in any 12 month period.

However, DOL’s proposed regulations did not propose a definition of “qualifying exigency.” Instead, it solicited comments on whether the following types of exigencies, as well as any others, should qualify: (1) making arrangements for child care; (2) making financial and legal arrangements to address the service member’s absence; (3) attending counseling related to the active duty of the service member; (4) attending official ceremonies or programs where the participation of the family member is requested by the military; (5) attending to farewell or arrival arrangements for a service member; and (6) attending to affairs caused by the missing status or death of a service member.

If leave is due to a “qualifying exigency”, the employer may require that the request be supported by certification issued in the manner as the DOL may prescribe in its regulations. The February 11th proposed regulations seek comment on various questions relating to certification, and include: (1) Who may issue a certification related to active duty or call to active duty status? Should anyone other than the Department of Defense provide a certification of the covered service member’s active duty or call to active duty status?; (2) Should an employee seeking FMLA leave due to a qualifying exigency provide certification of the qualifying exigency by statement or affidavit?; (3) Should an employer be permitted to clarify, authenticate or validate an active duty or call to active duty certification? If so, what limitations, if any, should be imposed on an employer’s ability to seek such clarification, authentication, or validation for certifications?

Servicemember Family Leave

Servicemember Family Leave is leave providing up to 26 weeks to care for an injured family member. This type of leave became effective immediately and should now be included in all FMLA policies. Under this provision, an eligible employee who is the spouse, child, parent or “next of kin” of a “covered” service member may take up to 26 weeks of job-protected leave in “a single 12-month” period” to care for the service member. “Next of kin” is defined as the “nearest blood relative of that individual. A “serious injury or illness” is limited to “an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.” “Servicemember family leave” is combined with all other FMLA leaves, which allows an employee a combined total of 26 weeks of leave during a single 12 month period.

Questions still exist regarding the provision for 26 weeks of leave in a single 12 month period, such as: (1) Should the 12 month period be calculated from the date of the service member’s injury, the date of the determination that the service member has a serious injury or the date on which an eligible employee is needed to care for a seriously injured service member?; (2) What is the meaning of “a single 12 month period”? Is it a one-time entitlement or do the 26 work weeks of leave renew each 12 month period?

Other Highlights from the DOL’s February 11, 2008 Proposed Rulemaking

The DOL’s proposed rules are the first significant update to the FMLA since the federal regulations were implemented in 1994. The DOL issued a “Request for Information” in December 2006, and received numerous comments. The comments included concerns regarding unscheduled intermittent leave, employee notice, interaction between the FMLA and the Americans with Disabilities Act, the definition of serious health condition, and medical certification. The proposed rules address some of these concerns.

The proposed rules include changes involving the medical certification process. Under the proposed rules, employers would now be allowed to contact medical providers directly for purposes of authenticating or clarifying a certification form. Currently, an employer may not contact the employee’s physician directly and employers are required to hire their own medical providers to ask questions about medical certifications. The rules would also permit employers to request annual recertification for conditions lasting more than a year and a semi-annual recertification for conditions described as “lifetime,” “indefinite,” or “unknown.”

The current regulations prevent employers from denying a bonus or award to employees simply because they took an FMLA leave of absence. The DOL has proposed a change that would now allow employers to disqualify an employee from a bonus or award that is predicated on the achievement of a goal, where the goal is not reached as a result of an FMLA leave of absence.

The DOL’s proposed rules also clarify that an employer and employee may voluntarily agree to the settlement of past FMLA claims without the permission of the DOL or a court. However, the prohibition of waivers on prospective FMLA claims remains intact.

Another area of proposed rulemaking includes the definition of serious health condition. The proposed rules would require employees who suffer from a chronic health condition to demonstrate that they have seen a doctor at least twice a year rather than on a “periodic” basis. In addition, a serious health condition involving three consecutive days of incapacity must include two separate visits to a medical provider within 30 days of the incapacity.

Practical Tips for Employers
While awaiting final regulations, employers should familiarize themselves with the new military family leave options available to their employees under the NDAA amendment, notify employees of the new types of leave and revise leave policies to reflect the changes in the FMLA.

Heather L. Wilson is an attorney with Locke Reynolds, LLP and chairs the firm’s labor and employment group. Ms. Wilson can be reached at (317) 237-3805 or hwilson@locke.com.

On Thursday, May 8, 2008, Kelli Safford conducted the HRACI’s Best Practices forum on Recruitment & Best Practices. Her presentation was very informative and engaging. Through Kelli’s passion for recruitment we learned about branding and metrics, and how to incorporate best practices to scale for our places of work. If you missed this presentation, please visit the HRACI website, http://www.hraci.org/HRACIpreviousmeetings.htm for the PowerPoint. This tops my list of the “Best Reads” for the month of May!

A great suggestion that came out of this meeting was to create a "Best Practices Forum" on our HRACI website! This forum will function as a central interactive communication area for discussion around our Best Practices topics. More information will be coming about this exciting new development to be officially launched following our July Best Practices Forum. At that time, you can continue your interactions and discussion with Members of HRACI about what you learned or what more you hope to learn from our Best Practices Sessions. Keep your eyes open for more on this exciting new feature.

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May’s luncheon was an excellent overview of how to remain union free. Charles R. O’Keefe, Esq., from TAFT Law, presented and gave us a booklet titled, Practical Tips and Strategies for Remaining Union Free.

Mr. O’Keefe gave a very informative and interesting presentation. Topics he covered were:

SHRM Foundation News: The Masters Series at the SHRM Annual Conference

In 2008, the SHRM Foundation will once again sponsor the Masters Series at the SHRM Annual Conference. This series of in-depth learning sessions features internationally known experts in the field of management science. The 2008 Masters Series will feature Linda Hill, Denise Rousseau and Oren Harari. The Masters Series focuses on timely and provocative issues that affect your career and industry. Open to all attendees, these senior-level programs offer insight into the HR profession from thought-leaders and top academicians. Summaries of the 2007 and 2006 Masters Series are available on the SHRM Foundation website. For more information on Foundation sponsored educational programs, visit SHRM Foundation.

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