Small business owners are faced with a variety of challenges that are simply foreign to their larger counterparts. In a bigger corporate structure, the supervision of financial concerns, human resources needs, and other significant elements of a business operation is typically delegated to separate departments. For most small businesses, however, that level of modular distinction is a prospect in the distant future. Though this can complicate an entrepreneur's life and career simply because it means that he or she must handle so many different tasks, the greater problem is the legal trouble that can arise if a lack of expertise in labor law or other relevant concerns results in violations of the law.
One of the most important laws that a human resources manager (and a small business owner in the early stages) must understand fully is the Family and Medical Leave Act (FMLA). It establishes guidelines for excusable employee absences pertaining to medical illness and family needs, in addition to a number of important specifics about the administration of the Act. Violating the provisions of the FMLA can leave you scrambling to pay for wages and benefits improperly denied, as well as attorneys' fees for the filer of a complaint.
Your Responsibilities under the FMLA
The proper understanding and application of the FMLA is important for a small business owner not simply because it can prevent demoralizing and expensive disputes, but also because the failure to implement it correctly can turn your workers against you. After all, since the Act is intended to grant employees rights in connection with serious illness and other emotionally challenging family needs, there are few who could argue against its principal aims. To keep the goodwill of your employees and to remain on the right side of the law, you should be well-versed in the Act, including the following provisions for employers covered under the law:
Eligible employees are entitled to 12 workweeks of unpaid leave in 12 consecutive months
This leave may be granted for:
Birth and care of an employee's newborn child
Adoption of a son or Caring for a newly place foster child
Assisting with care for one's husband, wife, son, daughter, father, or mother afflicted with a significant health issue
A condition that prevents the employee from working
An employee must be reinstated in the same or a similar position with "substantially equal pay" upon return
Benefits must be reinstated without lost time
Retaliation for an FMLA request is prohibited
To Be Sure You Are Compliant
Are All Your Workers Correctly Insured Under Workcover? Are You Entitled to Law Enforcement Officer Retirement? Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights Jones Act Lawyer - Your Protection
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