Benefits Canada: Communication, clarity helping employers achieve compliance in return-to-workplace push: experts

This article was originally published in Benefits Canada – written by Lauren Bailey.

In the return-to-office push, employers that have been clear with their return policies will find better compliance from employees, says Janet Candido, founder and principal of Candido Consulting Group.

A slew of companies have announced plans to return staff to working in office on a full- or part-time basis, some with little advance notice. Despite more employers issuing return-to-office mandates, employees are still reluctant to return. Indeed, according to Benefits Canada‘s Future of Work Survey, more than two-thirds (69 per cent) of Canadian employers said it has been challenging implementing a hybrid work arrangement.

Candido notes that in cases where there isn’t clear communication and policies, some employees may have the right to resist based on their terms and conditions of employment. Employers that hired staff during the coronavirus pandemic — when social-distancing rules were in place that forced the organization to adopt remote-working policies — may have a more difficult time achieving compliance if they didn’t stipulate in those contracts that there would be an eventual return to the physical workplace.

Jeff Bastien, lawyer and counsel at Dentons Canada LLP, says employees hired on the basis that they would be working remotely could view a return mandate as a change to the terms of their employment agreement if either party didn’t contractually agree to the employee transitioning to a specific work location other than their home at some point in the future.

This lack of clarity may make it more difficult for the employer to claim grounds for termination due to failure to comply with the mandate, he adds. “The employer may provide notice that this is going to be a requirement . . . and if [the employee doesn’t comply], then the employer can consider how to move forward from there.”

Bastien says cases in which employers didn’t have a physical office at the time of an employee’s hiring, but now expect that employee to physically report to an office, could be relevant to the reasonableness of the policy change.

He says it’s important for employers to consider why they’re requiring the return to office and what they’re trying to achieve with the policy, so they can clearly communicate the goals to staff and provide sufficient notice of the change. He also suggests that where there are concerns with employees not complying with the policy, employers should communicate their concerns to those specific employees, both verbally and in writing. As well, it’s important for employers to engage in discussions regarding accommodations related to the policy, as some employees may face barriers to aspects of in-person work due to a disability or their family status.

However, there will be instances when employees who don’t have grounds for accommodations still refuse to comply with the mandate and the employer may choose to terminate their employment. In these cases, Bastien says it’s critical that employers consider how they’re going to part ways with the employee.

At the end of the day, an employer can decide how and where work is done in an organization and if they decide to move away from remote work, there are steps they can take to facilitate the return to the workplace, he says. This might include providing sufficient advance notice, or in some cases, even terminating the employment under those previous remote terms and offering new terms for in-person work, says Bastien. However, he cautions employers to seek advice before proceeding, to ensure such steps don’t create additional liability.

Benefits Canada Interview: Employers mandating 5-day RTO should consider impact on women employees: experts

This article was originally published in Benefits Canada – written by Lauren Bailey.

When mandating that employees return to the office, employers need to consider the impact it may have on workers and give them the opportunity to adjust appropriately.

Last month, in an internal memo, Dell Inc. told its sales team they would be expected to work onsite going forward, giving employees just two-days’ notice of the change. The move was a stark reversal of its earlier policy, which allowed for a hybrid schedule that included three days in office.

Janet Candido, founder and principal of Candido Consulting Group, says the way the organization rolled out the mandate showed a lack of consideration for the fact that many employees who are caregivers would have to make childcare arrangements in order to be able to work in the office full time. She noted that many childcare providers don’t have open spots, making it challenging for employees to find a place for their children with such little notice.

“Dell’s answer to that was, ‘Well, then you’re going to have to use your personal vacation time. . . .’ It’s a total lack of understanding of what parents have to go through.”

Rumeet Billan, chief executive officer of Women of Influence, notes the drop-off and pick-up times for her eight-year-old son are non negotiables. “Having to make this [working arrangement change] so quickly [and] without notice can leave people feeling very uncertain, uncomfortable and stressed.”

The bulk of childcare and elder care duties still fall on women, so policies like these may prompt women to quit, says Candido, noting these mandates can be construed by some people as anti-women.

“Women who cannot continue to work at Dell, for example, will have to . . . find another job elsewhere. The problem is that there aren’t a lot of jobs in the tech sector. . . . This has also been referred to as a form of ‘quiet firing.’ I’m not sure that [it’s] specifically targeting women [workers], but that’s who it’s affecting mostly.”

As well, she notes many employees can’t function well in a one-size-fits-all office environment, including people who identify as neurodivergent. “That’s why I think that the solution really is hybrid, where people come into the office two or three days a week. . . . Employers need to be flexible. I think we’re past the days where everybody had to come in at 9 a.m. and worked until 5 p.m. If we want to have diversity in the workplace, then we have to adjust our policies to make it easier for a range of employees.”

Women of Influence has adopted a hybrid working schedule and recently implemented a four-day workweek. Billan believes the traditional nine-to-five work hours need to be re-examined, noting the structure doesn’t fit with many people’s lifestyle and personal obligations. Companies that initiate such mandates need to consider their intentions, she adds, noting if it’s to build culture and collaboration, that depends largely on management, not location. If management is skeptical that employees are actually getting the work done, then there may be a trust management issue.

“Employers need to consider whether collaboration was really happening onsite in the first place,” she says, noting in the past, team meetings were often dominated by a few voices, while many others remained quiet, fearful of negative feedback or consequences. “You can collaborate online. It’s up to . . . the person that’s leading the meeting to facilitate avenues for people to be able to collaborate. But here’s the thing, . . . not everyone is going to contribute anyways. . . . So it’s up to us to decide how we’re going to facilitate the conversation and the collaboration. Location isn’t the issue, it’s how we facilitate it.”

Benefits Canada Interview: How employers can promote employee health during flu season

This article was originally published in Benefits Canada – written by Sadie Janes.

The option to work remotely can help employees get through flu season, but employers also need to ensure no one pushes themselves to work while sick, says Janet Candido, founder and principal at Candido Consulting Group.

With more employees returning to the office, she says it’s crucial to encourage workers to take sick days because when somebody who’s contagious comes into the office, they can easily spread those germs to other employees.

“People didn’t like catching an illness before, but they really don’t like it now. The coronavirus pandemic has affected this perception because people are definitely more concerned. Now if you sneeze in public, everybody turns to look at you. So people are a lot more tense [because of the possible risks].”

Some employers are likely concerned employees may take advantage of the option to work remotely while sick, says Candido, noting she believes the benefits of encouraging people to work from home outweigh the negative consequences of someone taking advantage of it.

Remote work also allows for some flexibility when employees are sick since it’s easier for them to focus on their well-being at home, she adds. “It’s not enough to tell employees, ‘If you’re sick, stay home and work remotely.’ I think it should be added that, when employees are really sick, they need to focus on taking care of themselves. Don’t push it, don’t be a martyr. It shouldn’t be about forcing employees to work remotely while they’re ill, but more about allowing them to get well [so they can work at their best].”

Given that companies are still experiencing serious labour shortages, Candido thinks employers would be hesitant to put any vaccine mandates in place this flu season when their priority is to recruit or retain talent.

In addition, when it comes to taking sick days, she says employers must lead by example. “Don’t tell employees to work from home when they’re sick while you’re coming into the office sniffling. Remind them to focus on their health and make sure people believe you when you say they should be staying home, not make them worry whether you still expect them to work. There are very few things that can’t wait a day or two.”

Office comeback: Why leaders need to rethink the office space

This article was originally written for and published in CEOWorld Magazine.

From 2020 to 2022, employers and employees embraced remote work, and many have argued that they’ve worked just as, if not more productively than at the office. However, fast forward to 2023, during the post-pandemic era; recent studies show that while employees feel they’re just as, or more productive at home, this may not always be the case. For instance, a study by Stanford’s Institute for Economic Policy and Research shows that productivity dropped by 10–20 percent in the case of fully remote workers, citing the lack of in-office collaboration and less effective communication as the causes. 

While this may be the case for some remote workers, and depends on the industry, employees continue to fight back after recent calls to the office – including from big companies such as Google, Meta and even, ironically, Zoom – has been fully ignited. Although leaders may want their employees back in the office full-time, employees are still adamant to retain the freedom of working from home. So, this begs the question: how can employers call back their employees and create a pleasant in-office experience in a post-pandemic workplace? Here are three key tips that leaders should keep top-of-mind. 

Create a successful hybrid work model

With newer tensions in the workplace and companies experiencing a talent shortage, it’s more important than ever to keep employee morale high. Instead of approaching the office as to why you, the employer, want your employees back in the office, it’s important to keep the employee in mind and ask, “what can we do to make employees want to come back to work in the office?”.  

First, highlight the benefits offered to employees working in the office. There is no value to being in the office if they are simply coming in to hunker down at their desks, so there should be a tangible benefit for employees to be there. For example, being at the office gives employees the ability to participate in valuable in-office training and coaching sessions, which focuses on effective career development. Another benefit that in-person office experiences offer is improved professional relationships with colleagues, which means less video meetings and, in fact, a hard stop on when their workday ends. Many remote employees find their workday stretches beyond normal office hours, so working in the office provides a clearer start and end point to the day.  

Once the benefits are established, it’s important to communicate to your employees about these benefits and how you’ll approach these moving forward. Always give employees the opportunity to provide feedback and ideas so they become part of the solution.

Revamp the workplace culture 

After years of virtual connections, effort needs to be made to enhance personal connections between employees. To do this, involve employees in the decision-making and let them propose and organize events that can bring their teams together. Make sure to include some light-hearted, fun activities such as setting up sports teams, monthly book clubs, fundraising drives and volunteer days or happy hour, which can start before the actual workday ends. Create engagement opportunities, such as group projects or internal committees to keep employees connected and work on things that don’t pertain to their day-to-day tasks.

The enhancement of leadership training

Leaders have had a difficult time of late – remotely supervising, motivating, and coaching their teams. Often they are running meetings with some people on-site and some participating remotely. Leading remote or hybrid teams requires better and more intentional communication.  Set clear expectations regarding frequency and behaviour during virtual meetings. Keep employees engaged by conducting one on one meetings and provide different ways for them to connect with you and each other, such as virtual coffee chats. Show understanding and gratitude.  

This past year we’ve already seen many workplace trends go viral on social media, such as “bare minimum Mondays”, “resenteeism”, and most prominently “quiet quitting”. These trends may not be going anywhere anytime soon, and as younger generations enter the workplace post-pandemic, it’s important to remember that they haven’t had the benefits of working in the office and therefore don’t know what they are missing. This is the time for leaders to focus on and re-examine the current workplace culture and structure to ensure a positive environment for current and future employees.

The Toronto Star Interview - ‘Tensions are definitely increasing:’ How forcing teams back to the office could backfire

This article was originally published for The Toronto Star.

Employers need to remain flexible with their back-to-the-office demands or they risk losing employees, HR experts say

Amanda felt she had no choice but to quit her job last spring when she was diagnosed with a chronic illness at the same she was asked to return to the office when COVID-19 cases were spiking.

The Winnipeg-based non-profit where she worked for seven years had lifted its mandatory mask requirements and Amanda, not her real name, had been diagnosed with chronic fatigue syndrome. She feared being left bed ridden for weeks or even months if she caught COVID-19.

Nonetheless, when her workplace asked employees to come in at least twice a week, she tried it for brief period of time.

“It was extremely stressful and I was constantly worrying about my health,” she said. “I was really disappointed. I know there were other people who also felt unsafe going maskless.”

Despite repeatedly raising her concerns to her supervisor, nothing changed. So she found another job that allowed her to work remotely full-time.

As the government eases pandemic restrictions, employers are expecting workers to return to the office. But human resource experts are warning companies to remain flexible with their back-to-the-office demands or they risk losing employees.

Employers “need to recognize people are concerned about coming back. They may be immunocompromised, or they may have immunocompromised people at home. They have very real reasons for not wanting to come back to work, so they need to respect those concerns,” said Janet Candido, a human resources specialist and owner of Candido Consulting Group, which provides HR services to 125 organizations.

“Tensions are definitely increasing between employees and employers,” Candido said.

But she urges employers to be more flexible. Unemployment is low and recruiting new talent could be difficult.

“Both sides are become very entrenched in their positions and raising tension. Employers are finding it very hard to hire at all levels,” Candido said.

To ease any brewing conflict, Candido advises employers to be compassionate and understanding of their employees concerns. She suggests setting up mental health supports and making masks mandatory in the office at the very least.

The number of job vacancies in Canada has reached a record high of nearly one million, while the unemployment rate remains low, Statistics Canada reported.

The combination could make employees less hesitant to leave companies that implement strict back-to-work policies or that fail to address health concerns.

As companies come under pressure to offer higher compensation to staff and to recruit skilled workers, the national average base salary increase for 2023 is projected at 4.2 per cent, according to a recent survey from consulting firm Eckler Ltd.

A recent survey by productivity software company OSlash about the “great disconnect” between bosses and workers found that 60 per cent of employers said they would offer employees a hybrid work schedule if they declined to return to the office.

Only 20 per cent would let employees go back to full time remote working.

Of the 800 work-from-home employees and 200 business leaders surveyed, nearly 80 per cent of remote workers believe their employers would fire them if they said “no” to a return-to-office mandate.

Meanwhile, 78 per cent of employees surveyed said they would be willing to take a pay cut to continue working from home, with Gen Z respondents being the most willing to do so.

“There’s a massive competition for talent for Canadian employers,” said Melissa Nightingale, co-founder of management training firm Raw Signal Group.

Nightingale cautioned that forcing resistant employees to go back to their pre-pandemic lives may drive away talent at a time when companies might be short staffed and when employees have “other opportunities that are often with direct competitors.”

The global shock of the pandemic has made people much more aware that anything can change at any given time, said Shimi Kang, a clinical associate professor at the University of British Columbia’s psychiatry department.

“People are rethinking their priorities including how they spend their time and their days. We’re seeing this play out in the ‘Great Resignation’ which has people choosing a better work-life balance,” Kang said.

Mental health concerns are another factor, said Kang.

“There’s increased anxiety, many people are burnt out and need a break and there are these big existential questions. People lost loved ones during the pandemic or fear losing loved ones,” she said.

“All of this makes people rethink how they spend their time. If the workplace isn’t a place of joy and connection and performance, then there definitely would be less interest in staying there.”

Employers should walk, not run back to onsite working: experts - Janet Candido Interviewed in Benefits Canada

Read the full interview in Benefits Canada.

More than two years after the coronavirus pandemic shifted many white-collar employees to remote working, some employers are planning their return to the office — even if it means bringing staff back kicking and screaming.

“Employers need to understand their employees more than they have in the past when they just offered a salary and a standard benefits program,” says Janet Candido, founder and principal of Candido Consulting Group.

During the last two years, employees have only interacted with colleagues through virtual calls, so a transitional, hybrid period will give them time to adjust to in-person interactions again, she points out. And there are positive aspects of telecommuting that have made the working environment more pleasant for some staff, including fewer microaggressions and unconscious bias for minorities, more accessibility for employees with disabilities and more work-life balance for caregivers. A hybrid working arrangement would also help reduce employees’ stress about the impending return, she adds.

Candido cautions that reverting back to old processes and policies after a disruption such as the current public health crisis isn’t always wise. She believes it’s an opportunity to evaluate whether past decisions and practices still make sense, noting employers can leverage data and performance metrics to build new policies.

In addition, it’s important for employers to consider whether remote working has impacted their businesses negatively, says Candido, referring to considerations like revenue streams, employee productivity, quality of work and employee engagement.

As monkeypox spreads, should employers be concerned? - Janet Candido interviewed by OHS Canada

Read the the full article in OHS Canada.

Monkeypox is now active and spreading in Canada, with 26 confirmed cases according to the most recent data from the Public Health Agency of Canada. With more than 250 reported cases in 23 countries – and on-going studies and discoveries about the disease – it may leave employers wondering about risks to their business, particularly as we’re just returning to normal following two plus years of COVID protocols.

More sick time likely

According to Janet Candido, founder and principal of Candido Consulting Group, the impact to business will circle back to the likelihood that more sick time will be taken – whether paid or unpaid – and that the anxiety about a new virus lurking can develop disruptive behavior in employees, in turn “impacting everybody’s ability to get the work done.”

The workplace landscape shows that employers and employees have gradually adjusted to the new ways business is done – hybrid work, and mask requirements included. However, Candido noted there are still “a significant number of employees who are less enthusiastic about returning to work.”

“There are a few reasons to that, and the main factors remain as the fear of getting sick and the unwillingness to adjust what has been comfortable for them in the past two years. It’s both specific to fear and comfort level,” said Candido.

With the spread of the monkeypox virus, Candido said it is vital for employers to keep communication to keeping safety procedures in place and recognize that not everybody in their workforce is ready to come back to work “like it was 2019 again.”