Sick leave laws are complicated in the United States. There is no general federal requirement for private employers to provide paid sick leave. Still, the Family and Medical Leave Act (FMLA) may entitle eligible employees to up to 12 weeks of unpaid, job-protected leave for qualifying medical situations. Then, various states and jurisdictions have their own sick leave rules and requirements.
With no nationwide fixed obligations, the door can be left wide open for employers to make costly mistakes. If you’re an employer who offers sick leave, here are some of the most costly compliance errors you’ll want to avoid:
Simply Abiding by Federal Law
Knowing that there is no federal paid sick leave mandate, you may see that as not having to worry about sick leave at all. However, the last thing you want is for your employee battling an illness needing to hire both a mesothelioma claim lawyer for their condition and an employment lawyer to receive what they are entitled to.
As state and local rules can mean you’re required to pay leave, you need to understand what you’re obligated to do in your area. There can also be different rules surrounding accrual, eligibility, notice, caps, and more. Familiarize yourself with what’s permitted to ensure your employee is adequately catered to.
Applying the Wrong Leave Standard
Some employers become confused about their requirements when there are different sick leave laws at a federal, state, and local level. As federal law is the highest level, you may assume that what’s stated at that level takes precedence. However, any time laws overlap, employers must follow the provision that’s most beneficial or generous to the employee.
Not Being Aware of Carryover Rules
There is no federal law in the United States that requires paid sick leave to carry over. Therefore, some employers find it difficult to know what their employees are entitled to, and may get it wrong.
Carryover rules depend on state and local laws, or even company policy. Some employers allow leave to carry over from year to year, while others simply set a maximum number of days every year. Employers may also set a limit for the number of hours or days of leave they can hold at any one time. Once your workplace has established a sick leave carryover policy, employers should familiarize themselves with their own rules to ensure fairness to all employees.
Not Knowing How Location-Based Sick Leave Works
Having remote-based employees creates an interesting challenge for employers. While they follow one set of rules and laws for in-office employees, those rules and laws may be different for remote employees. This is because sick leave rules apply based on where the employee physically works and lives.
As a result, if a remote worker lives in a state or city with mandatory paid sick leave, their employer must follow those laws, even if their headquarters is based where those same laws don’t apply.
Incorrectly Calculating Sick Leave Accrual
Accrual rates, annual caps, waiting periods, and other factors all vary from state to state and business to business. Therefore, incorrectly calculating sick leave happens more often than you might think.
Most jurisdictions provide one hour of paid leave for every 30 hours worked. This calculation applies to full-time, part-time, temporary, and seasonal workers, depending on the state. As there is no federal law for this one-for-30 rule, it’s important to check what rules apply in your area. For example, eligible employees in Maine accrue one hour for every 40 worked, while they accrue 0.01923 hours for every hour worked in Nevada.
The lack of federal laws governing sick leave makes it easy to miscalculate or misunderstand an employee’s sick leave entitlements unintentionally. When you’re tasked with taking care of sick leave for employees, brush up on both local laws and the policies your own workplace has in place. Doing so could ensure your employees receive exactly what they’re entitled to for their own well-being.
