3 Holiday Tips for Hospital HR Execs

A legal expert offers thoughts on keeping employees merry and bright while minimizing your healthcare organization's risk of litigation. Spoiler alert: Don't be a Scrooge.

For many, the holiday season is infused with joy and hope.

For HR executives, the holidays are a legal minefield, riddled with fears of "anything goes" workplace parties, decorating schemes gone wrong, and complicated holiday pay policies.

Rather than sugarplums, many HR leaders spend the holiday season with visions of lawsuits dancing in their heads. Following a few expert tips, however, can ensure that the season feels more like It's a Wonderful Life than The Nightmare Before Christmas.

1. Preventing Party Pitfalls
Oh, the yearly holiday party! An event that comes but once a year and employees can let their hair down and fraternize with coworkers—fraternize being a word that can make any HR professional nervous.

"There will be a festive atmosphere, and very likely alcohol will be involved. With that mix and employees letting loose, there is potential for sexual harassment and other inappropriate behavior," says Michael J. Passarella, an attorney at Jackson Lewis, a White Plains, NY-based firm specializing in employment law.

While drunk driving and sexual harassment are two very separate issues, both have their roots in a common cause—overconsumption of alcohol.

In the case of drunk driving, "there have been a number of cases where employers have been [held liable], says Passarella, "the laws vary state by state." But it's best to take as many precautions as possible—not only to protect your organization, but because it's the right thing to do.

Regulating alcohol is the primary tactic employers can use to mitigate risk.

• Consider not serving alcohol, or serving only wine and beer rather than the hard stuff.
• Make sure there's always plenty of water, soda, coffee and tea available, and serve plenty of food, too.
• Hire a professional bartender, as they are more attuned to monitoring overconsumption. They will refuse to serve drinks to someone who has had too much, which is something a coworker or supervisor may not feel comfortable doing.
• Consider arranging for safe transportation home, by arranging for a shuttle, handing out cab vouchers, or having the number of a car service at the ready.

"Employers should make sure all employees are aware workplace policies still in effect for the holiday party," and that they are expected to act responsibly, says Passarella.

In the case of an incident between employees, "employers have a defense that they didn't know what took place at the party and took immediate action to prevent further harassment," he explains. But if it's a situation between a supervisor and an employee, that defense won't be available, Passarella says.

HR team members should take an active role in keeping the environment safe. Don't feel bad about jumping in to conversations between employees at the party—especially conversations that involve only two people of opposite gender. You're not being a buzzkill, you're just making sure everyone is having a good time.

Give the parties a chance to separate if they seem uncomfortable—ask one of them about a project they've been working on, how their spouse is doing, or if they're still pursuing a hobby they have expressed interest in. Also, use this opportunity to gauge who may have had too much to drink and how they are getting home.

Another tip: encourage employees to bring their spouses or a date to the party. Not only does this add to the festive atmosphere, but employees are far likely to misbehave while under the watchful eye of their partner.

2. Decorating Decorum
While it's hard for many who grew up celebrating Christmas to understand, Christmas decorations don't bring a smile to everyone's face. Some departments might think it's a great idea ask staff to wear Santa hats the week before Christmas—but some employees might find the idea downright offensive.

It's highly unlikely an employee will sue over Christmas décor. "If a private employer has a Christmas tree or other holiday decorations, there's no requirement that they take them down or put up non-Christian holiday items," says Passarella.

To be safe, Passarella recommends not displaying nativity scenes. While most people are comfortable with secular symbols of the Christmas holiday, such as Santa Claus, reindeer or snowmen, a nativity scene is a religious display, and thus, more divisive.

Speaking of Santa, asking employees to wear anything related to Christmas, such as a Santa hat or reindeer horns is a no-no. Instead, make sure it's clear holiday dress up is voluntary and not within the scope of employment.

Use this season to be inclusive to everyone. If your hospital is located in an area where many people celebrate Chanukah or Kwanzaa, consider displaying a menorah or a kinara near the tree.

3. Avoid Being a Scrooge
Finally, the best part of the season is a paid day off or time and a half plus a comp day for everyone working on Christmas. That's a requirement, right?

Wrong.

While the vast majority of US employers provide Christmas as a paid holiday or give their employees time and a half or even double time and/or a comp day for working on Christmas, this is a custom, not a law, says Passarella.

"There's no legal requirement. Christmas and New Year's Day are federal holidays, and I've never seen an employer not offer those as paid holidays," he says. "You're not legally obligated… but it's a good idea to reward employees working on Christmas," he adds.

As hospitals don't close for Christmas or New Years, employees will be working throughout the holiday. It is within good taste to offer extra compensation to those who work Christmas Eve, New Years' Eve, and sometimes the day after Christmas.

Why not make it festive? Put out donuts, bagels and hot coffee in the break room Order in lunch and dinner on those days. Passarella suggests giving a small token of thanks, such as gift cards for Starbucks, to make sure employees feel appreciated.

"I think it's important to remind employees that the last two weeks of the year are a busy time for everybody," he adds, "but let's get our work done so we can go home to our families and continue to give great care to our patients. These sentiments go a long way towards employee morale."