ALSO: Family Leave Rights Guaranteed : Little Said Is Truly ‘Off the Record’

Q My business has grown steadily for the past nine years. As it has grown, changes seem to affect my employees in a negative way. Is there a cost-effective way to prepare employees for change and growth within a company?

--C.S. Costa Mesa

A As can be seen by the rapid and consistent changes in technology, economic conditions, consumer tastes, etc., change is an inevitable part of today’s fast-paced society. In work organizations, constant change, transformation, growth and shrinkage is a way of life.

Yet human beings still do not adapt well to change. In fact, there is a psychological resistance to change in most people. The best way for companies to tackle change-related problems is to anticipate and prepare for them.

Preparing for and managing change in organizations is not easy, so many companies have enlisted the assistance of specialists in the area of “organizational development” and organizational change. Many management consultants advertise their expertise in this area.

If you prefer an in-house approach for dealing with growth and change, try to develop an organizational climate or “culture” that is accepting of the changes that will inevitably occur and will work to adapt to the changes.

Unfortunately, this is not as easy as it sounds. Try starting with a “goals and directions” committee of employees that tries to foresee organizational changes and study ways to implement those changes. When changes are inevitable or are occurring, it is critical to increase organizational communication--to keep employees as informed as possible about what changes are taking place, the anticipated results of those changes (both positive and negative), and the presumed impact the changes will have on employees and the organization.

--Ron Riggio

Director, Kravis

Leadership Institute Claremont McKenna College

Family Leave Rights Not Employer’s Option

Q I have two children under 3 years old and my wife is going to have another baby. I asked my supervisor to give me a two-week leave to take care of my wife and two little children. But my supervisor would give me only one day and said he will document me as “absent without excuse” if I take more than that.

Do I have the right to ask for maternity leave or family leave?

--M.T., Victorville

A You may have substantial leave rights under federal and state law.

Both the Congress and the state Legislature have enacted laws entitling an employee with at least a year’s tenure to 12 weeks of leave for certain designated purposes at businesses with 50 or more employees. There are other requirements as well. An employee can take up to 12 weeks of leave during any 12-month period. Both laws allow leave for care of a newborn child or of a spouse with a “serious health condition.” Leave is even allowed for an employee’s own serious health condition.

Upon returning from such a leave, you would generally be entitled to the same or equivalent position. Retaliation against you for taking leave is absolutely prohibited.

The two-week leave that you requested appears to be well within the 12-week requirement. However, you do not state how incapacitated your wife really is. If she is going to have a baby eight months from now, it may be harder to justify leave on these grounds than if she is bedridden or about to give birth. You have to establish that she has a serious health condition that makes your presence necessary.

Aside from the laws, evaluate the policy of your own company. Look at the employee handbook to see what type of personal leave is allowed.

If your supervisor documents you as “absent without an excuse,” ask for elaboration. Does this mean that they intend to fire you because of it? Will this affect your next review?

You might want to send him or her a polite letter about the laws that I have just described, and ask the company to reconsider its policy.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Remarks to Employer Seldom ‘Off the Record’

Q I recently had to re-interview for my job due to a corporate reorganization. At the time of the interview, I commented on the changes to our human relations representative, but said my remarks were “off the record.”

I later learned from some very reliable executives within the company that these comments were considered on the record and may jeopardize my chances of remaining with this firm. If I am terminated, do I have any legal rights if my “off the record” comments influenced the decision?

--A.M., Hollywood

A Generally, remarks to an employer are never “off the record.” The law requires an employer to eliminate potential discrimination and dangers in the workplace. An employee’s statement could potentially cause an employer to be liable for negligent hiring, retention and supervision. For example, an employee should expect to be fired if he said, “off the record, I will fire the next black person that walks in my office.”

However, an employer may not be able to use “off the record” nondiscriminatory and non-dangerous comments if the employer promised not to use the comments against the employee. That does not appear to be the situation here since you did not receive such a promise before making your “off the record” comments.

--William H. Hackel III

Employment law attorney

Spray, Gould & Bowers

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626 ; dictate it to (714) 966-7873; or, e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. More on Overtime

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