‘Labor Laws’ Category
If an employee has a Medical Power of Attorney over an individual, and that individual has been placed on Hospice, can the employee use FMLA to take off to care for the individual?
The Family and Medical Leave Act (FMLA) allows qualified employees to take time off to care for a spouse, parent, or child who has a serious medical condition. Other family members are not covered under FMLA regulations, nor are any individuals who are not family members.
Several states, including California, Maine, & Washington, have regulations that expand FMLA by either lowering the minimum number of employees &/or adding to the definition of “family member”. For more specific information, please repost with your state.
In addition to federal and state leave laws, some employers have enacted policies that allow employees to take a leave of absence for personal or family reasons. If the employer has established such policies, then they must adhere to their own policies.
I am the manager in a small business of 15 employees. We have one employee pregnant and another has informed us she is attempting to have a child. We currently do not have a maternity leave policy so we need to develop one. Is there any specific basic laws that need to be covered in our policy since FMLA does not apply to our small business?
With less than 50 employees, federal law does not require you to provide any specific amount of time for pregnancy and childbirth leave. You are required to treat a woman temporarily disabled by pregnancy the same as you would treat any other employee who is temporarily disabled. If you allow other employees to take time off for non-pregnancy related conditions, then you must allow the same for pregnant women. If you do not provide sick or disability leave for other temporary disabilities, you are not required to do so for pregnancy.
You are not required to pay for sick, disability, or pregnancy leave if you choose to provide it. However, if you do provide paid leave for other temporary disabilities, you must do the same for pregnancy.
Note that there are some state-specific maternity leave laws, so be sure to check with your state Department of Labor or repost here with your state for more specific information.
Can an employer force a full time employee to take time off without pay?
Employers are free to schedule exempt and nonexempt employees as they see fit.
The Fair Labor Standards Act only requires employers to pay nonexempt employees for time worked. However, they may not deduct from an exempt employee’s salary for partial-week absences occasioned by the employer. A case such as you describe would fall into this category, so while the employer would not have to pay the exempt employee for any full work weeks of absence, they would need to pay the regular salary for work weeks in which the exempt employee performs some work.
Is it legal for a employer to ask employees to take a cut in pay(salaried employees) and require that they work the same hrs? I am located in Ga
Yes, it is legal. The Fair Labor Standards Act (FLSA) for the most part allows employers to set employee salaries as they see fit, as long as they meet federal and state minimum wage requirements. And if the employee is classified as exempt, the salary must be at least $455 per week.
The Equal Pay Act of 1963 requires that employers pay men and women equally for work that is substantially the same, and other laws such as Title VII, ADA, and ADEA all prohibit discrimination in pay and other terms of employment, based on race, disability, age or other protected status. However, as long as pay decisions are being made in a non-discriminatory way and in the absence of a contract that states otherwise, an organization can assign pay rates as they see fit.
Additionally, there is no limit to the number of hours or days a Georgia employer may requires of exempt or nonexempt employees.
I was wondering if there was a state law in Illinois that required you to pay an exempt employee for the full week, when we provide paid time off, the employee has used all of their paid time and they are out sick for the entire day.
I know if they work any time during the day they have to be paid for the day, but what if they are out the entire day?
It is permitted under the Fair Labor Standards Act (FLSA) for an employer to deduct time from an exempt employee’s paid sick leave or other paid time off balance for absences.
If the employee is absent for one or more full days after all paid time off benefits have been exhausted, you may deduct from the his or her pay only in the following situations: for absences of one or more full days for personal reasons other than illness or disability or absences due to illness or disability if the deduction is made in accordance with a bona fide sick or disability plan; to offset amounts paid for jury duty or military pay; for unpaid suspensions imposed for infractions of major safety rules or workplace conduct rules; for absences during the first & last weeks of work; & for leave taken under the Family and Medical Leave Act (FMLA).
Note that except in the case of FMLA, no deductions are to be made for partial day absences, even if the reason for the absence falls under one of the categories above.
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