When it comes to certain questions like, is it ok to fire an employee that’s out sick? Can I share my team members’ vaccination status with patients? And what are my risks for demanding team members show up to work during inclement weather? The best place to get these answers is human resources (HR)….except you’re a dental practice and you don’t have an “HR department.” But that doesn’t exempt you from following the law and making the right decisions to protect your practice, team, patients, and yourself. So today on the blog, we answer some of the most popular HR questions that have come up recently. We understand that every practice is unique, but our answers are general and should align with most practice needs.
Is it ok to fire a poor-performing team member that is out sick?
Firing a team member is serious business. It’s understandable that everyone gets sick. It happened before the pandemic and occurred even more so during the pandemic. But that doesn’t excuse the team member’s performance while they are healthy and well at work. This is where documenting the team member’s performance along the way matters most. While every situation is different, you really shouldn’t fire an employee while they are out sick unless you have strong documentation of their poor performance. However, if you’ve never addressed their performance issues or you have, and they haven’t yet returned to work to fulfill the agreed timeframe to improve, you should not dismiss the employee. Doing so could get you into some legal trouble. A better approach would be to address their attendance when they return. In the meantime, you might consider hiring a temp to fill the void if your current employee is planning to be out for an extended period. At that time, be sure to thoroughly document performance issues and one-on-one performance evaluations so that you can back up your decision to fire the team member if you decide to later.
Can I share my team members’ vaccination status even if they say it is ok or sign a waiver allowing me to do so?
This has been a burning question in the minds of many practice owners and their team members ever since the Covid vaccine became available. However, it is your lawful duty as an employer not to violate the law by sharing medical information about your employees, even with their consent. Additionally, sharing vaccination status could inadvertently single out those that are not vaccinated due to religious beliefs. Therefore, as the employer, you are not allowed to disclose any medical information or vaccine status to patients or the public, even if the entire team is vaccinated and is ok with sharing the information. Don’t do it! Team members, however, may disclose their vaccination status to patients if they choose, in a one-on-one setting but should not feel pressured to answer. The best way to address these concerns from patients is to reassure them of your practice’s infectious disease and Covid protocols and that regardless of vaccination status, your protocols help reduce the spread of diseases, including Covid.
Can I be held liable for making team members come to work during inclement weather?
This is another popular question this time of year, considering part of the U.S. has experienced some pretty bad weather this winter. Freezing temperatures, ice, and snowfall make traveling to and from work potentially dangerous or even life-threatening, in some cases. And we haven’t even gotten into tornado season just yet (for those of us living in the south!) So the question remains, can you (the employer) be held liable for making team members come to work during inclement weather? Our dental practice consultants agree that first and foremost, you should have an inclement weather policy in your employee handbook. That way, everyone is clear on how these instances are to be handled, and employees will know whether they will be paid for the day or not. When bad weather is in the forecast, it’s best to let your team members know that they should not come to work if they do not feel safe doing so. Forcing them to show up or threatening that they will be reprimanded for not coming in when they don’t feel that the roads are safe could get you into legal and financial trouble if they have an accident on the way to the office. Therefore, have a policy already in place and ensure team members know and understand the policy ahead of time. Perhaps you allow team members to use paid time off if they are unable to make it into the practice, but the practice remains open for the day. Severe weather doesn’t always affect every road, and some team members and patients may be planning to show up. The main point – have an inclement weather policy in place before you need to use it!
It can be difficult to navigate HR-related questions when you don’t necessarily have a designated HR department. Additionally, this responsibility shouldn’t always be put on your office manager, especially if they lack HR training and expertise. Therefore, partnering with a dental practice consultant may be the best option for you. Bryant Consultants is a family-owned consulting firm that can help dental practices reach their full potential and more! If you would like to learn more or schedule a complimentary one-hour consultation, please get in touch with Bryant Consultants by calling (877) 768-4799. We provide consultation, training, and coaching virtually or in person. To ensure that you receive the latest updates, please follow us on Facebook and Instagram.
