You’re the HR manager at your organization and report directly to the president (whose sister died of cancer about six months ago). One afternoon, an employee comes to you with a problem. Her sister (who lives out of state) has been diagnosed with a very aggressive form of cancer and has less than 6 months to live. The employee wants to spend the last few months of her sister’s life with her, to share time and care for her in her final days. The employee has already requested a leave of absence but was advised by an HR representative and her manager that this sort of leave isn’t covered under FMLA. Your department is going into its “busy season,” so her manager in unwilling to grant any other type of leave. She is concerned about how she will support herself while she is staying with her sister. She asks you whether it is possible for the company to call this a layoff and approve of her getting unemployment insurance. Sadly, she knows that her sister won’t live longer than six months, so unemployment insurance benefits would carry her through. After you express your concern and sympathy, which of the following responses would be the best?
  1. Tell the employee that it is up to the state, not the company, whether or not unemployment insurance will be granted and that, while you do sympathize with her situation on a personal level, it’s not possible for you to code the termination as a layoff.
  2. Tell the employee that it’s up to the state, not the company, whether or not unemployment insurance will be granted. However, as long as the president approves (and you’re pretty sure he will), you’re willing to code the termination as a layoff.
  3. As HR, your role is that of employee advocate, and you are willing to advocate on her behalf to the president. You are fairly confident that he will approve this request and will get back to the employee either way as soon as possible.
  4. You remind the employee, as gently as possible, that, as HR, your role is to ensure that all of the company’s policies and procedures are followed, and falsifying the termination code would be a violation of policy. As such, you just can’t code the termination as a layoff.
Explanation
Answer - A - First, it is important for the employee to understand how the process works, so it is appropriate to share that information with her. No matter how much you feel for her, however, and regardless of any other personal circumstances that might be “pulling at your heart strings,” there are many reasons (ethical, legal, procedural, financial, etc) why you would not falsify a termination code.

Key Takeaway: You don’t need to go into all those reasons with the employee. Although the factual information at the beginning of Option B is correct, there are many reasons why you should not falsify the termination code. As HR, your role is to be a “truth advocate,” not an employee advocate, and in truth the employee wasn’t laid off. Prattling on about policies and procedures at this moment isn’t the best approach and might only serve to reinforce the notion of HR as the “personnel police.”
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