Employer Responsibilities

Family Medical Leave Act: What Every Business Needs To Know

What is the Family Medical Leave Act and why is it important?

The Family Medical Leave Act, also known as FMLA is a law enacted in1993 which states that qualified employees have the right to access an unpaid leave for a total of up to 12 weeks during any 12-month period, and in some circumstances, up to 26 weeks; (see “Recent Changes to the Family Medical Leave Act”).  Certain employers are required to grant their employees access to unpaid leave due to the following reasons:

* Caring for a child after Birth

* The adoption of a child or becoming a Foster parent

* The care of spouse, son, daughter, or parent with a serious health condition

* An employee experiencing a serious health condition which affects his or her ability to do perform their job responsibilities

* Care for family members in the military

During the leave period, employers must hold the employee’s job for them without any changes to the workers salary, work hours, or benefits.

Recent Changes to the Family Medical Leave Act

As of January, 2009, the Act permits a spouse, daughter, son, or next of kin to take up to 26 weeks of leave to care for a family member in the Armed Forces, Reserves or National Guard, who is going through medical treatment, therapy, or healing, or who is in an outpatient status or is otherwise on a temporary disability retired list due to a serious injury or sickness.

Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.

What Types of Businesses are Required to Grant Family Medical Leave?

Any business with 50 or more employees who work within a 75 mile radius of the business must allow their employees access to family medical leave if the worker meets the eligibility requirements.

Which Employees Are Eligible?

To be eligible for FMLA benefits according to the Department of Labor, an employee must:

* Work for a covered employer

* Have worked for the employer for a total of 12 months; and have worked at least 1,250 hours over the previous 12 months

* Work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Are There Circumstances Where I Can Deny Family Medical Leave To My Employees?

If you operate a business with 50 or more employees and the employee meets the eligibility requirements, you cannot deny the leave.

Dianne Shaddock is the Founder of Easy Small Business HR.com, a website which provides “Quick and Simple Human Resources Strategies for Small Businesses, Non Profits, and Entrepreneurs.  Go to EasySmallBusinessHR.com for more tips on how to hire and manage your staff more effectively.  Easy Small Business HR, Your Personal HR Consultant.

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Surprising Stats: Workplace Drug & Alcohol Abuse

From chronic absences to poor decision making, drug and alcohol use in the workplace can take its toll on small business owners—in time, money, and morale. If you don’t think workplace substance abuse happens in your business, you may want to reconsider. Here are surprising statistics about drugs and alcohol use that show just how pervasive the problem is:

  • More than 75% of illicit drug users are employed.
  • Almost 80% of adult binge drinkers are employed.
  • About 2% of employed adults have consumed alcohol before the start of the workday.
  • About 7% of Americans drank alcohol during the workday.
  • Nearly 10% of workers have reported to work with a hangover in the past year.
  • Workers who report heavy alcohol or illicit drug use are more likely to have skipped at least 2 days of work in the previous month.
  • Workers who report heavy alcohol or illicit drug use are more likely to have worked for at least 3 employers in the previous year.

Particular industries have higher rates of workplace substance abuse.

  • Accommodations, construction, and food services had the highest reported prevalence of illicit drug use.
  • Educational services, public administration, and utilities reported the lowest.
  • About 16% of construction workers reported heavy alcohol use in the previous month. In entertainment and recreation industries, that number was about 14%.

Small businesses are the most vulnerable to alcohol and drug abuse in the workplace. Why?

  • Small businesses are least likely to test for drug abuse.
  • About 90% of employees with alcohol or illegal drug dependence work for small or medium firms.

Don’t let workplace substance abuse endanger your staff, your clients, or your business. If you don’t already have the policies in place to deal with drug and alcohol use in the workplace or if you aren’t aware of your employer responsibilities regarding substance abuse, now is the time to take action. Develop programs to promote a drug-free workplace and encourage those with problems to get help.

For more statistics on alcohol and drug abuse and its effect on your business, visit the U.S. Department of Labor’s General Workplace Impact page and Industry & Occupation Categories page.

 

REFERENTIAL SITE: It is quite possible that you have colleagues at work that may need alcohol and drug abuse help, but you don’t know about it.

 
Dianne Shaddock is the Founder of Easy Small Business HR, Employee Hiring and Managing Tips.  Through the Employee Hiring and Managing Tips podcast, blog, and weekly ‘quick tips’  e-newsletters,  Dianne offers expert advice on how to make better hiring decisions, manage difficult employees, develop employee policies, motivate staff, and so much more.   No stuffy, corporate HR policy lingo; but straight forward, easy to understand and implement advice for businesses just like yours.  Stay ahead of the curve and go to Easy Small Business HR for more tips on how to hire and manage your staff effectively.

 

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