September 03, 2015 / By Zip Clock / In Zip Clock / Comments

How to Handle Sick Leaves and Protect your Business from Labor Violations

Are you aware of your responsibilities as a manager under the Labor Law? While giving employees a fair day’s pay for a fair day’s work should be a no-brainer, you might overlook some labor laws that you are unaware of. Here are some basics:

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  • Federal minimum wage amounts to $7.25/hour for all workers. If the state you do business in has a higher minimum wage than that, you must pay the state minimum wage.
  • Overtime should amount to half of your employees’ basic salary after 40 hours of work in a week.
  • Allow a day of rest (24 hours) in a calendar week. If a worker agrees to work on that day, he is entitled to overtime pay.
  • After a year of service, at least 3 days paid leaves should be offered to employees. You can extend this if necessary, but not shorten it.
  • A written notice should be offered regarding policies on sick, personal and vacation leaves.
  • Employees should be given a list covering overtime and regular rates.
  • You cannot retaliate against an employee who complains about labor law violations to the Labor Department.

Of course, this does not mean that you should let your team walk all over you. If you have team members who are almost always late for work or take too many days off without notice, then you need to assert your authority. However, how do you make sure that you are not violating any laws if you fire them? Are there any repercussions for firing someone who has taken too many sick days?

How to Handle Sick Leaves

First, you need to determine whether any state laws apply to these violations. For instance, if an employee has worked for you for a year, that means he has worked 1,250 hours in total. Now let’s assume that you have over 50 employees working under you within a 70 – 75 mile radius. In that case the worker will be covered under the Family and Medical Leave Act or FMLA.

In other words, he or she is entitled to a couple of days off in case he or she suffers from a serious health condition. Under the FMLA, this amounts to 12 weeks per year of unpaid leave for an entire staff without losing their jobs. Conditions that come under this act include cancer treatments, epilepsy, asthma and any mental illness. Furthermore, if an employee’s extended absence is interfering with his job or affecting productivity, you can transfer him to another position. However, according to Labor Laws, the new job should offer at least similar benefits and pay that he or she receives from his or her current position. In case this is not so, the act will be viewed as retaliation and you can face a lawsuit under FMLA.

Get a Time Clock Management Software

Never be in violation of labor laws again by downloading time management software . Not only can this employee attendance software help you control and monitor work schedules, it will save you money by alerting you in case shift timings are in violation of any labor laws. This includes a comparison between scheduled and actual labor costs. After you setup an account, you can also select the labor laws you want to enforce!



Web based employee time clock software that simplifies time and attendance. Try it free for 14 days.