Many nonprofit leaders are wondering how to adapt their organization’s sick-leave policy to support employees and keep the organization running as smoothly as possible during the coronavirus outbreak. However, experts stress that no human-resource playbook exists for this unprecedented crisis.
So, focus on being flexible, they advise. Work with employees to see how you can help them while you also ensure that your nonprofit can continue to operate, says Amber Clayton, director of the knowledge center at the Society for Human Resource Management. This may include not just letting people work remotely but also allowing them to adjust or reduce their schedules if needed. Some groups are increasing the number of paid sick days they provide or removing caps indefinitely, says Monisha Kapila, founder of ProInspire, a nonprofit that develops leaders in the sector.
If your nonprofit expands its benefits, Kapila says, make sure to consider “redundancy,” too — ways staff members could handle each other’s responsibilities should someone need to take a long period of leave.
It’s also important to realize that productivity will probably decrease during this crisis, she says, and that should be OK. Staff members should be “getting the support they need from organizations to be able to still do the work that’s most important, but also be able to focus on their families and their health,” she says.
New Federal Requirements on Paid Leave
Before tweaking your leave policy, make sure you understand the new Families First Coronavirus Response Act, says Lisa McKeown at Nonprofit HR, a human-resource consultancy that works solely with charities. The law, which will be in effect from April 1 through the end of 2020, requires qualifying companies and nonprofits to provide two types of emergency paid leave to eligible employees for reasons related to the virus: up to three months of family leave to take care of a child and up to 80 hours of paid sick leave. Employers are responsible for paying these benefits, McKeown says, but can be reimbursed for the amount indicated in the act through payroll tax credits. If they pay more than the maximum amount allowed, responsibility for the overage is “on the employer.” (See this webinar and brochure from Nonprofit HR to learn more about the legislation.)
It’s important to note that these new protections must be provided in addition to any paid leave your organization already offers, Clayton says, so you can’t weaken your existing benefits because of the law. Go through each section of your policy to see what you may need to change or add to comply with the new requirements, she suggests, or create an addendum to address it. But seek legal counsel if possible to ensure that your policy adheres to federal and state laws. (Members of the Society for Human Resource Management can view this sample leave policy that reflects the new federal provisions.) Then explain the changes to the staff and help them understand which benefits may apply to them.
Here are more tips to help you update your nonprofit’s leave policy to adapt to the evolving Covid-19 crisis.
Relax rules that may not be practical, such as requiring a doctor’s note for an extended sick leave, McKeown says. You may also want to let employees modify or cancel their vacation requests, if needed, because many people who had planned vacations in the coming weeks or months may need to postpone them.
Kapila says some groups are not enforcing certain punitive aspects of their leave policy. For example, one nonprofit added this language to its policy: “We will do everything we can to help accommodate shifting priorities. If you have to shift your attention entirely to your family, we will not dock your paid time off during this period. But do your best to manage your priorities with your leader.”
Be human. “Workplaces are a community, and people need their community more than ever right now,” Kapila says. Plus, with social-distancing guidance and “shelter-in-place” orders active in several states, she says, work may be the only place where staff members have a connection to others outside of their homes. So, it’s critical to think about how to make them feel supported. “That’s just the underlying principle as you look at this,” she says. “How do we have humanity in the workplace?”
For example, ProInspire has an employee with two young children who suddenly found herself without child care. She was considering sending them to their grandparents but was concerned about the risk of potentially exposing her elderly parents to the virus. “She shouldn’t have to make a choice like that,” Kapila said, so the organization told her to do what was best for her family and identify which things she should prioritize and what other team members could take over.
Encourage honest conversations. Managers should ask their team members how they are feeling and what kind of support they need, Kapila says. For instance, some employees may suddenly have big child-care responsibilities and less availability to work while others may want to work more, so they can focus on something other than Covid-19. Know that people’s feelings and needs may change often, so check in regularly.
At the same time, as you adapt your policy, consider that staff members may be facing additional challenges that they may feel uncomfortable sharing with you, she says, such as mental-health issues or immunodeficiencies that increase their vulnerability during this time.
Create a “sick bank.” If employees at your nonprofit accrue sick time, McKeown says, consider letting them donate days they don’t need to others who do, such as a new staff member or someone with an existing medical condition. Even it’s just for the short term, McKeown says, such a policy can be a good way to help those who may need more sick leave than others.
Be consistent. Ensure that managers throughout the organization communicate any changes in the policy to their team members and also implement it consistently. Although senior leaders should inform the staff about updates to the policy, Kapila says, supervisors should have one-on-one conversations with each person they manage, too. These private discussions can create an opportunity for employees to share how they might need to use the policy and can help your nonprofit plan for potential absences.
Acknowledge the uncertainties. “Recognize that we’re really in this stage where we don’t have information about what the new normal is going to be,” Kapila says. Use language in your policy such as “based on what we know,” she suggests, and put the policy in a format that can be updated regularly and that people can go back to as needed, like a Google document.
If your employees are still reporting to the workplace, ask those who may be sick to stay home or to go home if they show up. The new federal law should give nonprofits “a little bit of breathing room,” McKeown says, if they are worried about staff members who don’t have sick leave coming in even when they feel ill. “At least they know that for the duration of how long this virus tends to live — between two and 14 days — they are able to send their employees home and know that they will have paid protection,” she says, which the nonprofit can recoup as payroll tax credits.
If employees believe someone may be sick, “an employer can privately approach that person and ask them to go home,” McKeown says, “because they do have a responsibility to the employees who are still there.”
Ask them to get a doctor’s note before returning to the office, she suggests, or to wait until they no longer have symptoms.
Remember that the Americans with Disabilities Act is still in effect, she says, so you have to protect staffers’ privacy. “It’s not OK to identify that employee [who may have the virus] to other employees,” McKeown says. If you have to send someone home because that person is sick, she says, you can let those who could have been exposed know in case they want to self-quarantine.
If a manager does reveal a sick employee’s name to other staff members, she says, “document what happened and what steps you took to correct it, so it doesn’t happen again.”
You should refrain from offering medical advice to employees. You can’t force those who feel unwell to get tested or seek medical attention, McKeown says, but you should encourage them to call their doctor or use telemedicine options if available. “The key thing is to keep those who are not sick well, and those who are sick should stay home and quarantine and get better,” she says.
Consider child-care responsibilities. Since many schools and day care centers are closed, you may need to include a component that lets employees stay home to be with their kids and modify their schedules to accommodate child-care needs, McKeown says. The new federal law includes emergency paid leave for caretakers, she adds, and employees do not need to be sick to take that.
Don’t forget traditional leave benefits. Programs like the Family and Medical Leave Act and short- and long-term disability have not changed, McKeown says. Employees who are not eligible to receive the new benefits or who have needs beyond what the new law covers should explore those options.
