When employees take sick leave, you will want to respect their rights as employees and make sure that they take adequate time to recover so they can be effective employees when they return back to work. However, while you probably want to believe that your employees are trustworthy and have the right intentions for the company, you may have reason to suspect that they are taking sick leave fraudulently.
It is common for employers to believe that temporary employees have less rights when it comes to making claims about discrimination and unfair dismissal. This was the case until relatively recently.
As an employer, one of the most important things that you can do in order to protect yourself and your business is to be well-versed on employment law. This can go a long way toward preventing employment litigation and legal disputes with your employees.
Since 1974, the Employee Retirement Security Act (ERISA) has been in place. It means that employers have certain legal responsibilities to their employees. Employers must comply with the ERISA regulations, and if they do not, they may find themselves in an expensive legal dispute with their employees.
One of the most effective ways to avoid employment litigation and costly lawsuits is to ensure that all line managers in a company know how to comply with the Family and Medical Leave Act (FMLA).
A good company reputation should help you in a lawsuit, shouldn't it?
As an employer, it is natural to feel overwhelmed by all of the different employee protections and legislation in place. The important thing is that you continue to stay up-to-date on state, federal and local employee-related matters and take advantage of all the resources available to you.
There is no real positive thing that can come out of an employment discrimination lawsuit other than hindsight. A lawsuit, whether win or lose, can result in a tarnished reputation for your company. It can also mean very high costs for something that is easily prevented.
The more recent employee awareness and heightened sensitivity toward what constitutes harassment and discrimination in the workplace has lead to a sharp increase in claims initiated by employees.
As an employer, you will undoubtedly have had to deal with many occasions of employees taking an excessive amount of medical leave, leading you to suspect that they were abusing the system. Of course employees have the right to stay at home and recover when they are sick, but believing that your company may be suffering due to those who are abusing their right to sick leave can be concerning.