Sick leave pay mistakes can impact companies' wellness
The Fair Labor Standards Act (FLSA) does not include requirements that obligate employers to pay employees when they take time off because of illness. However, the Family and Medical Leave Act (FMLA), which was amended in 2008 does afford some employees coverage that protects their positions if they fall ill or need to care for family members.
The United States Department of Labor's FMLA advisor explains that employers are likely covered by the act if they have more than 50 staff members 20 weeks out of the year. Employees are considered eligible if they have worked for an employer for at least 12 months and have worked at least 1,250 hours before requesting leave time and perform tasks at a location within 75 miles.
If employees are eligible for these benefits and employers are covered, businesses must be prepared to offer up to 12 weeks of unpaid leave a year should medical situations arise that affect workers of their immediate families.
Although they are not receiving compensation for that time and attendance, employers must continue to update payroll records. If they fail to do so, there might be gaps in documentation that could spark a disagreement and/or leave them vulnerable to employee lawsuits.
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