Business News Column
February 2006

Healthcare Human Resources 101
By Liz Sayre-King
President, Professional Solutions Plus

My son – still in elementary school – has already had a few snow days, and when I asked to stay home from work, my boss was upset. I know this won't be the last time I'll face this situation this winter. My job is important to me, but my son's well-being takes precedence. What should I do?

I'm assuming from your question that your employer does not have any kind of formal time off, vacation or sick time policy. If that's true, I suggest you approach your boss and share your concerns. Explain that while you know it's important for you to be at work, you can't leave your son unattended at home because of his age, and you have exhausted all other child care options (providing that's true). Is your boss worried about lost productivity? If so, is there any way you can make up the time? If your organization is small, your boss may let you bring your son to work with you for the day, as long as he is supervised and it doesn't interfere with your or others' work.

We added a flexible spending account (FSA) with a $1,000 annual cap to our company health insurance on October 1, 2005. One of my employees took the full $1,000 when he handed me a hospital bill for $1,200. I was planning on terminating his employment soon. Is there any way for me to recover my money? Can I keep his last paycheck?

The answer to both questions is no. FSAs are structured as "use it or lose it." The advantage for employers is that the designated amount is deducted, pre-tax, from an employee's pay in equal installments through the course of the year and deposited into a separate account. If the employee does not use the entire amount, the employer essentially "saves" the unused money. The disadvantage, though, is the situation you describe. An employee can use the entire amount at the beginning of a year, and, if that person remains employed, the designated amount is still deducted from their pay throughout the rest of the year. However, if employment is terminated before the year's end, there is no way for the employer to get the money back.

Am I required to provide paid breaks for my employees? If so, do I have to set aside a special area at the office for this with snacks and beverages available?

You are not required by law to provide breaks, either paid or unpaid, for your employees. An employer could, theoretically, require employees to work eight hours uninterrupted, but a break of some kind is usually better for productivity and performance. Also, many union contracts have required breaks written into them. Many employers provide their employees with an unpaid lunch break of 30 to 60 minutes each day. Some also provide paid, fifteen-minute breaks twice a day. Either way, you are not required to provide a special area in your office for breaks.

Professional Solutions Plus specializes in employee leasing and medical billing services for small to medium-sized businesses in Northern Michigan. If you have employment questions or HR issues that you would like to see addressed in this column, please feel free to contact Liz Sayre-King: esayreking@professionalsolutionsplus.com.

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