Better Manage Employee Leaves Of Absence
The labor and employment legal landscape has changed drastically over the past decade, and employers are encountering more compliance issues than ever. Beyond federal regulations, state and local rules are also changing, and it’s more than some employers can manage on their own. Laws regarding hiring, medical marijuana, wage deductions, and paid sick leave are just a few that often stump employers. In fact, the difficulty of navigating mandatory leave laws is one of the top reasons employers consider outsourcing human resources services to a professional employer organization (PEO) like Integrity Employee Leasing. We have the resources and expertise you need to navigate the legal landscape with ease.
About Leave Laws
Leave laws come into play when an employee asks for medical, family, pregnancy-related, or military leave, among other types of leave. The federal Family Medical Leave Act (FMLA), for example, applies to private employers with 50 or more employees and provides up to 12 weeks of unpaid leave during a 12-month period.
About the Federal Family Medical Leave Act
Employees can utilize the FMLA to care for:
- A newborn
- An adopted or foster child
- A family member’s serious health condition (parent, son, daughter, or spouse)
- The employee’s own serious health condition
FMLA can also be applied toward a “qualifying exigency.” This arises when the employee’s spouse, child, or parent is on active duty or has been called to active duty for the National Guard or Reserve in support of a contingency operation
The FMLA allows states to set standards that are more extensive than the federal law, which sometimes leads to employer confusion. Some states offer paid family and medical leave and others require paid sick leave. Additionally, some states require leave for things like:
- Jury duty
- Duty as a first responder
- Alcohol/drug rehabilitation
- Victimization in a crime
- Domestic violence
- School activity
- Bone marrow/organ transplant
Labor and Employment Regulations to Consider
As an employer handling HR services, you should keep in mind that many labor and employment regulations are related. For example, even without any applicable leave laws, time away from work may be a reasonable accommodation under the Americans with Disabilities Act (ADA). The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public.
Title I of the ADA prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments.
Outsourcing HR functions to a PEO helps employers ensure compliance with federal and state employment and labor regulations. Integrity, a Florida-based PEO, has a team of experienced HR consultants who are here to offer advice to business owners like yourself.
Turn to HR Outsourcing for Help
Knowing the law is one thing, but interpreting it is another — that’s where HR outsourcing companies like Integrity Employee Leasing come into play. Small businesses, especially those without an HR department, may rely on outsourced HR professionals for direction regarding which leave laws apply to their business and what’s necessary to comply.
Could your business benefit from HR outsourcing? In most cases, yes. Here are a few factors you should consider when it comes to managing employee leave:
- Which laws apply (this is usually based on company size)
- Which employees are covered and when they are eligible
- If there are any notice or posting requirements
- What the leave can be used for
- How much leave employees can take
- Whether the leave is paid or unpaid
- Whether or not it is job-protected leave
When an employee requests leave, employers should be sure to respond in a way that adheres to leave laws. It’s important to consider the intent of the laws to accommodate an employee’s needs and to explain the laws and your company policies. With a remote HR team like the staff here at Integrity Employee Leasing, you can rest assured that these protocols are followed.
Beyond HR services, Integrity also offers:
- Employee benefits with comprehensive benefits packages
- Employee benefits administration
- Payroll services
- Risk management services
- Workers’ compensation management
Choose Integrity Today!
If you are now confident that human resources outsourcing is the right choice for your company, call Integrity today! We’ll be happy to discuss your options. If not, look for part two of this series in an upcoming blog. There are a lot of advantages to outsourcing your business’ payroll services, and we simply couldn’t cover them all in one post. For more information about all of Integrity’s HR outsourcing services, including workers’ compensation and benefits, explore our site or contact us now. We look forward to speaking with you.