HR Pieces: October 2021 HR News
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Greetings!
Greetings! Thank you for subscribing to our monthly newsletter! Our intention is to provide timely and valuable HR information to employers and individuals who are seeking career opportunities.
In matters big or small, HR Advantage is here as your go-to resource for all things HR. Please reach out if we can assist you and your team!
Sincerely,
The HRA Team
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Lynette Weatherford MA, SPHR, SHRM-SCP, President
877.894.0202 ext 4
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Candida Arvizu SPHR, SHRM-CP,
HR Advisor
877.894.0202 ext 1
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Elizabeth Hurst MBA
Business Development
877.894.0202 ext 5
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Seth Bunn BS
Recruitment Advisor
877.894.0202 ext 6
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Samantha Gamble
HR Intern
816-805-8778
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HR Hotline | Email | 877-894-0202 ext. 5
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OctoberNews
- Employers to notify employees of "VESSA" leave entitlement by 10/27/2021
- Federal Vaccine Mandate for Employers
- Religious Belief Exemptions
- Premium Surcharges for Unvaccinated Workers
- Employee Spotlight - Camille Knowles, SPHR
- Career Opportunities: HR Manager
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New Missouri law (VESSA) to provide unpaid leave to victims of domestic violence
Effective Aug. 28, Missouri employers with at least 20 employees in the state must provide unpaid leave with job protection for employees who are victims (or family and household victims) of domestic or sexual violence—as defined by state statute.
Victims Economic Safety and Security Act (VESSA)—provides employees with protected leave time to:
- Seek abuse-related medical attention and counseling, or recover from abuse-related injuries (physical or psychological)
- Obtain services from a victim services organization
- Participate in safety planning
- Temporarily or permanently relocate to a safer living space, or take other actions to increase the safety of the employee (or family or household member); and/or
- Pursue legal remedies to ensure the health and safety of the employee (or family or household member), including preparing for civil and criminal actions resulting from the violence.
An employee who takes VESSA leave must be returned to the same or other equivalent position and benefits upon their return to work. Unique to VESSA, the amount of leave available will vary depending on the employer's number of employees.
Specifically:
- 1-19 employees = no leave entitlement.
- 20-49 employees = 1 week unpaid leave per year.
- 50 or more employees = 2 weeks unpaid leave per year.
Covered employers must also notify current employees of their right to leave under the law by Oct. 27th or upon commencement of employment for future employees. Employers should replace current labor law posters with an updated one to include details on VESSA or add the Victims of Domestic or Sexual Violence poster to their display. The Missouri Department of Labor and Industrial Relations has provided a poster that must be posted in common areas along with other required employee notices.
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Federal Vaccine Mandate for Select Employers
On September 9, 2021, President Biden announced his Path Out of the Pandemic plan, which includes mandatory COVID-19 vaccination or weekly testing for employers with more than 100 employees, federal government employees, and those who work in health care settings. The plan also requires private employers with 100 or more employees to give workers paid time off to obtain the vaccination and to recover from any side effects due to the vaccination.
Employers are still waiting for OSHA to issue an emergency temporary standard (ETS), but the ETS will let private-sector employers allow "any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. Employers must make reasonable accommodations for those with medical exemptions or sincerely held religious beliefs, unless such accommodations pose an undue hardship to the employer.
Requests for accommodations due to
'sincerely held religious belief'
An employer that requires vaccinations against COVID-19 must grant sincerely held religious belief accommodation requests, so long as they don't cause an undue hardship on the company. How can a business tell whether an objection to vaccination is based on a genuinely held religious belief and accommodate without creating an undue hardship?
When evaluating a reasonable accommodation in the context of religion under Title VII, employers typically have far less, if any, objective evidence available to them. First, there is often no religious leader involved. The employer is left to its own devices to assess whether the employee’s religious belief, practice or observance is, in fact, “sincerely held.”
The EEOC has said in its compliance manual on religious discrimination that the definition of "religion" extends to traditional religions as well as religious beliefs that are "new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others." This makes it challenging for employers to determine exemption.
When prompted for explanation from an employee, employers may pay close attention to whether the belief pertains only to economic, social, personal preferences, or political ideals. If so, typically these are not considered religious for purposes of Title VII and the employer may reasonably conclude that the objection is not based on religion.
Ultimately, the undue hardship assessment provides employers with the better opportunity to evaluate a religious accommodation request. Under both the ADA and Title VII, the employer has a defense to providing accommodations if the employer can demonstrate “undue hardship.” Under the ADA, in order for an employer to prove undue hardship, the employer must prove the requested accommodation would be “an action requiring significant difficulty or expense.”
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Can Employers Implement Premium Surcharges
for Unvaccinated Workers?
In Oct. 4 guidance, the Biden administration surprised plan administrators by announcing it would limit plan incentives or surcharges for unvaccinated health plan participants.
Premium surcharges are lawful under the guidance, but they must comply with nondiscrimination rules under the Health Insurance Portability and Accountability Act (HIPAA).
Vaccination incentives must comply with the following five criteria for activity-only wellness programs:
- Those eligible for the program must have the opportunity to qualify for the reward under the program at least once per year.
- The reward for the activity-only wellness program, together with the reward for other health-contingent wellness programs with respect to the plan, must not exceed 30 percent of the total cost of employee-only coverage under the plan. If the incentive or surcharge applies to the spouse and/or dependent, the "cost of coverage" is the employer-plus-employee share of family coverage that the family receives.
- The program must be reasonably designed to promote health.
- The full reward under the activity-only wellness program must be available to all similarly situated people. There must be a reasonable alternative standard—or waiver of the otherwise applicable standard—for obtaining the reward for anyone for whom, during that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard.
- The plan or issuer must disclose—in all plan materials that describe the terms of an activity-only wellness program—any available and reasonable alternative standard that would qualify for the reward and, if applicable, the possibility of waiver of the otherwise applicable standard.
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Employee Spotlight
Camille Knowles, PHR, SHRM-CP
HR Advisor
Happy Work Anniversary, Camille!
In celebration of four years with HR Advantage, we asked Camille about her passion for HR.
Here is what she said..
What do you love most about HR?
1. Rewarding opportunity to help develop an organization.
2. Being a part of the organization to improve the lives of employees.
3. The variety and challenges each day brings --HR helps change lives.
What made you choose a life in HR? I enjoy the connection with people and to assist with solving the problems that keep them up at night.
Tell us about a "why" moment that made you grateful to be in the HR Industry...
I recently had someone thank me for the HR support, mentoring, and knowledge I shared with them. They said they are where they are (took on an HR leadership role) because of me. That made my heart full!
If you had to sum up your job in 5 words…..what would it be?
Exciting, challenging, rewarding, communication, and last but not least…. ever-changing.
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Looking for top talent?
It can be a struggle to devote the proper time and resources to recruit quality talent when you need them. HR Advantage offers expertise in seeking talent for hard-to-fill, strategic positions from entry-level to C-suite. We place qualified professionals that best match your needs and work culture. We are here to serve as a working partner to supplement or oversee your recruitment needs.
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Contact Us:
877.894.0202 ext 5
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HR Advantage offers executive recruitment of candidates in C-Suite, specialized, and administrative positions for our clients. Our firm offers concierge services to both the employer and candidates, helping to assure the perfect match. Potential applicants are invited to join our database of thoroughly vetted, qualified candidates.
Click on the open positions below to learn more
Full-Time
Looking for an experienced, credentialed HR professional
Springfield, MO
Contact Seth Bunn:
Full-Time
Springfield, MO
Contact Seth Bunn:
Part-Time
Remote
Contact Seth Bunn:
*Placement fees are paid by the employer. Applicants may submit resume/credentials confidentially to HR Advantage Careers
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