Ask the Experts: Feedback, Surgery and Cars

On Dec 13, 2024

In the latest installment of New Jersey Business Magazine’s Ask the Experts column, HR professionals working with the New Jersey Business & Industry Association respond to executives’ inquiries on three interesting workplace issues:

How can we help our employees feel more comfortable providing feedback about their managers?

Employees are often uncomfortable providing feedback about their managers because they fear workplace tension or retaliation, they aren’t sure what to say, or they don’t believe anything will change. The following practices can help address these concerns:

• Use a survey tool that will enable you to share results and feedback with managers anonymously.
• Explain to employees how their anonymity is maintained. 
• Ask questions that allow employees to give as much or as little information as they feel comfortable. 
• Give employees time during the workday to complete the survey.
• Hold managers accountable to changes they’ve committed to making.
• Work towards creating a culture in which giving and receiving candid feedback is the norm. Managers can contribute to this culture by owning up to their mistakes, acknowledging where they have room to grow, and accepting critical input graciously.
• If retaliation occurs in response to sharing survey feedback, put an immediate stop to it.

An employee has requested a four-week medical leave to have major surgery. Do we have to hold his job for him?

Your employee is likely eligible for one or more kinds of job-protected leave. For instance, he may be entitled to time off under the federal Family and Medical Leave Act, a similar state family and medical leave law, or both.

He may also be covered by a state paid family or medical leave program, which is functionally short-term disability insurance. These laws often come with job protection as well as compensation. State sick leave may also apply.

Even where none of the above laws come into play, the Americans with Disabilities Act (ADA) or a similar state law might apply. In that case, you’ll need to engage in the interactive process with him to determine whether leave, and how much, is a reasonable accommodation you can offer.

Aside from the laws that might apply, you’ll want to make sure you treat this employee in a way that is consistent with your past practices as well as any written policies.

Can we ask applicants if they have a car?

If a personal vehicle is truly necessary to do the job – for instance, if the open position is for a courier and you don’t provide a company vehicle – then yes, asking whether the applicant has access to a car would be appropriate. However, if your concern is the employee’s ability to get to work every day in a timely fashion, it would be better to ask if they have reliable transportation while emphasizing the importance of being on time.

Asking about an applicant’s assets (like a car), or anything else that might be classified as financial information, can run afoul of equal employment regulations. Because of this, we recommend not asking applicants if they own a vehicle (or house, or boat, or spaceship) unless it’s genuinely necessary to perform the job you’re hiring for.

HR Professionals from NJBIA assist clients with their HR questions and issues every day. Need help from our HR Pros? njbia.org/help

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