Down, set. . . wait, wait just a minute.

Sports can provide some of the best HR analogies. Take for example the NFL playoffs and the contemplated future of two of the games iron horses: Kurt Warner of the Arizona Cardinals and Brett Favre of the Minnesota Vikings.

At the conclusion of the last several seasons, much of the buzz with these two gentlemen centers on whether they will retire. The question gets asked in the press conference immediately following the game that ends the season for them, and the QBs consistently give a "I'm not sure what I want to do right now" response as they flex their appendages with huge ice bags taped to them and grimace from the internal bleeding they have surely suffered at the hands of opposing defenses. And when pressed to give a more definite answer, again usually during that same press conference, Warner and Favre have more recently said they probably won't be back.

Of course, if they stuck with that decision, then this blog entry wouldn't have any use. What those players realize, and what we teach our HR clients to practice, is that decisions with an emotional tilt to them shouldn't be made in haste. More importantly, they shouldn't be made in close time to the event that spurned the need for a decision.

When our clients encounter an HR decision that will have a reverberating effect, we encourage them to take a few steps back before deciding on the proper course. Thinking with a clearer head and cooler emotions will often place the event in perspective and even create opportunities for alternative courses that might be more appropriate. If my husband, a head coach, has one golden rule for his players and parents, it is that his door is always open except immediately after a game. You put so much time, energy and emotion into that setting that level-headedness often takes a back seat to knee-jerk reactions. Creating space from the event is the best way to ensure HR is making a decision based on the facts and not the heart.

Unlike sports, you luckily have unlimited time outs. Use them to your advantage.

Holiday expansion

Most of us think of the holidays as a time to celebrate, be with the ones we love, and, unfortunately, put on a few pounds. This year, thanks to our Executive and Legislative Branches, any waistline gain wasn't the only expansion going on.

On December 19, 2009, President Obama signed a bill that allows the COBRA premium subsidy law to continue beyond its original sunset date of December 31, 2009. In the course of passing this extension, provisions were also added which expands the group of Assistant-Eligible Individuals ("AEIs").

Some highlights:

• The subsidy period is increased from 9 to 15 months
• A qualifying event for the subsidy is now covered by the period of September 1, 2008 through February 28, 2010.
• If a former employee is now an AEI due to this amendment, that former employee has a transition period.
• If you have an AEI who (1) did not timely make a COBRA premium payment prior to the passing of this amendment or (2) paid a full premium when now it could be a subsidized premium, you must give that AEI a notice of the new law. This notice is to be issued within the first 60 days of the AEI's transition period.
• If you have a former employee who became an AEI after October 31, 2009, you must provide that former employee with the new notice.

The amendments include other provisions which will be of interest to employers. Employers should consider contacting their third-party administrators or legal counsel to discuss how the amendments might impact them.

The Christmas party--a ghost of Christmas past?

Does your company still host a Christmas party? I hear more clients asking about what type of backlash they think it would cause to cancel the Christmas party. My first question is always: "Is this about the money?" The answer is usually yes, but probably not why you would think. It is about the money, but not because the company doesn't have it to spend. Rather, it's about redirecting the use of those funds. For example, some companies now make donations in honor of their employees to charities (usually selected by a vote of the employees) in whatever amount has been budgeted for a Christmas party.

For some companies, donating instead of partying also makes sense because employee attendance has wained. That, in and of itself, creates an opportunity for self-exploration, but not something that we'll talk about in this post. For other companies, the donation means the likelihood of poor and unprofessional behavior is reduced, as well. Again, fertile ground for a post that will finds its way here inevitably.

Finally, some companies are doing away with parties because of economic times. And perhaps it isn't a moratorium, but rather reducing the flare, length, menu, etc of the party. In other words, it is scaled down to match the economic times.

So think about it--not having a party doesn't mean you've gone all Scrooge on your employees. And it will give them yet another reason to be proud to work for your company.

Cheers, and happy holidays!

A different kind of education, courtesy of Univ. of Kansas

Kansas' head football coach, Mark Mangino, is under investigation by the Athletic Director for alleged verbally and physically abusive behavior. According to some former players, it wasn't unusual for Mangino to use personal matters that had been disclosed in confidence to teammates when ridiculing a player in front of the team. He also allegedly poked a player in the chest recently during practice, allegedly not the first time he touched a player.

Why is this coming to light now, if according to Mangino, he hasn't changed the way he coaches his players or the approach he and his coaching staff uses with the players? After starting the season 5-0 and since losing the next 5 games, some would argue that this is discontent among the players over the direction of the program. Similar to other working environments, perhaps things get overlooked when all is going well and expectations are exceeded than when it looks like you might be headed downward.

A former player in the article, along with Mangino, rests on the notions that Mangino isn't doing anything differently than he has during his tenure as a coach, and he's not doing anything that other coaches in the Big 12 conference aren't doing. Certainly, having context is necessary whenever actions are reviewed--context both at your workplace and in your industry. But as well all know, breaking the same policy multiple times doesn't make one's actions acceptable. Not to say that Mangino has broken any policies; just observing that if his defense is resting on, "This is how I've always done it," and "I'm not any different than the other coaches in this conference," he may be in for a rocky road.

This type of investigation gives HR professionals the opportunity to see what it takes to spark an investigation and how outsiders (of both company- and team-ilk) impact the investigation. No doubt, some PR and HR tips will be gleaned before this matter is considered closed.

New EEO Poster

The EEOC has issued both a supplement and a replacement poster to cover employer's obligations under the Genetic Information Non-Discrimination Act. You can find both here: http://www1.eeoc.gov/employers/poster.cfm

When providing hand sanitizer isn't enough

Not surprisingly, a measure has been introduced, this time in the House of Representatives, that would require employers (with at least 15 employees) to provide 5 paid sick days when an employee shows symptoms of a contagious illness or has been in contact with someone who has a contagious illness.

This law, if passed as presently written, would sunset 2 years from the date of passage. Thus, it's not the permanent fixture of paid sick leave that has been trumpeted in the past by members of Congress. Interestingly, a violation of the law would be equivalent to violating the Fair Labor Standards Act. Thus, treble damages and attorneys' fees would be available.

With the focus on health care reform, it is very possible that this measure slips under the radar and passes without much fanfare. The sponsor has dubbed it the Emergency Influenza Containment Act, categorizing it as a way to control the H1N1 pandemic.

For anyone who enacted policies in response to the outbreak, you should closely monitor this Act so as not to find yourself painted into a corner if it passes.

Deja vu all over again?

Workplace romances. Now that you've uttered your collective groans, here's another story to put in the "See, I told you so" category.

ESPN announced last night that its baseball analyst Steve Phillips was no longer employed with the network. Why? Phillips admitted last Wednesday that he had an affair with a production assistant at ESPN. This apparently was not the first act of indiscretion in the workplace by Phillips, whose last (publicized, anyway) one resulted in a sexual harassment claim and pre-suit settlement.

No new advice comes out of this story; it serves as a very public reminder of why workplace romances are a volatile lot and should be taken very seriously, even if consensual.