HR mistakes cost more than small businesses can afford
This 8-part blog series highlights a few of the many laws that apply to all businesses or to those with 11+, 15+, 20+, or 50+ employees. We also provide best practice tips to help small businesses avoid costly mistakes. Many of our examples also apply to non-profit agencies and the public sector.
TIP 7: Employee rights to return to their job – Keeping a Light On for Returning Employees
There are at least two laws that require you to make sure there is a job for employees when they return to work after certain types of leave.
- USERRA – The Uniformed Services Employment & Reemployment Rights Act of 1994 relates to employees who serve in the military including the National Guard. The law requires you allow employees who have been deployed to return to their job, or an equivalent job, when they are released from military duty. This also applies if a uniformed employee must leave for their required two weeks of training. There are many details to this law and you may need to use an employment attorney to interpret each situation.
- FMLA – Family & Medical Leave Act of 1993 – This applies to employers who have more than 50 employees in their organization. The law allows employees to take up to 12 weeks of leave during a 12-month period (paid or unpaid) for the birth of a child, adoption of a child, placement of a foster child, or to care for a seriously ill family member (child, parent, spouse, or self). There are many regulations related to this law, including getting medical proof, and employees must have worked for at least 1250 hours in the past 12-months. Again, employees have the right to return to their position (or equivalent) after their family or medical leave. Contact Randi Frank Consulting if you have any questions on these or any other HR laws.
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