Employees Should Be Able to Ask Questions – Ask #HR Bartender
Estimated reading time: 3 minutes
I received this question from a reader recently about front loading paid time off (PTO), which on the surface might look like it’s easy to answer. But the reality is, there’s a much bigger question here.
My company frontloaded our PTO. Now, they found out the state (Montana) is against “use or lose it” policies, so the company took away all our PTO. However, I have a contract stating they are giving me PTO upfront. Can a company do this?
There are so many things we do not know in this situation. The first is what does the employment contract say. Just a reminder, employment contracts and job offer letters are two totally different things. Typically, an offer letter is not a legally binding agreement. Offer letters usually just outline the position being offered to the candidate. An employment contract is a legally binding document and might should have some sort of mention about changes to the agreement and how they are handled.
So, it seems to me that the person should be able to look at their contract and see if there’s anything in it. And if they can’t find it specifically mentioned, then they should be able to ask someone at the company.
In addition, if the company has active employment contracts, I’d like to think that the HR department or legal counsel, reviewed all the agreements before implementing a new policy to ensure that they were in compliance. So, if an employee – with a contract – had a question, HR or someone on the legal team could answer it.
Another thing we don’t definitively know has to do with where the employee lives and works. I’m assuming from the note that the company is based in Montana, but is the employee? And what does the contract say about which state will govern the contract. State laws can have an impact on employee benefits and working conditions, etc. Again, I’d like to think that HR and legal have done their research to know Montana law and how their policy change impacts employees – with and without contracts.
I’m sure you’re thinking what I’m thinking. Why doesn’t the employee simply ask the question? There could be a perfectly reasonable answer. Asking the question doesn’t have to be mean or accusatory. And if by chance, the company completely forgot that they have an employee with an employment contract, they can go find out the answer.
Employees should be able to go to their manager or HR and find answers. Not just about their benefits, but about policies and procedures. It makes me wonder what the employee does now if they have a question about how to get their work done, where do they go to get answers?
Granted, I’m not naïve. I do understand that sometimes employees feel HR doesn’t listen to them. Or that HR doesn’t follow-up when they do ask questions. HR departments need to be places where employees feel comfortable asking questions. And this isn’t about ethics concerns or discrimination or harassment. Employees often just need to understand how things work and they should be able to visit HR to get some guidance without feeling they need to document their visit.
As I mentioned at the beginning of this article, I’d like to think an employee with an employment contract could simply go to HR and ask how the recent PTO policy change impacts them – if it’s not already spelled out in the contract. And then…if something sounds wrong, you can deal with the answer. But it’s possible the situation won’t get that far.
Image captured by Sharlyn Lauby while exploring the streets of London, England
26