What Are My Rights as an Employer

By: Sarah Carlye


Mostly it seems like employees have all the rights. Especially when a large company violates employees’ rights, it becomes news. Often a local union will get involved and speak up on behalf of the employees. It is perceived that employees cannot defend them selves against a big business and the support is with the employee. The truth is that that employers have rights, also. One of the common rights that employees have is to be able to take leave for family and medical situations. According to the FMLA (Family and Medical Leave Act), employees have the right to take an unpaid leave from their job for specific medical reasons. Of course, employers also have some rights according to the FMLA. This includes the right to be able to verify their employee’s need for a leave. Some other information about employer’s rights and FMLA:

Who Is Subject To Regulations

The United States Department of Labor clearly states that if you are an employer that has 50 or more employees who work at least 20 weeks throughout the year, then you are subject to the regulations that are found within the FMLA. On the other hand, smaller employers do not have to follow the regulations that are set forth in the FMLA. The reason that smaller businesses don’t have to abide by the FMLA is because of the financial hardship that it would have on them due to fewer resources than a larger company.

Employees Providing Notice

Whenever an employee feels the need to use FMLA leave, they will have to provide their employer with 30 days’ advance notice. If it isn’t possible to provide such notice, then an employee is responsible for giving as much notice as possible, as soon as possible.

Medical Certification

If an employee is taking medical leave because they have a serious health issue, then an employer has the right to request that employee to provide them with medical certification, from their doctor, stating that this leave is medically necessary. The certification may also include the approximate amount of time that the employee will need to take a leave from work.

Fitness For Duty Certification

At the end of an employee’s FMLA leave, an employer has the right to require that an employee who takes a leave of absence due to medical issues, to get a fitness for duty certification from their doctor. This simply states that the employee is able to return to work. This relieves the employer of responsibility if the condition becomes worsened by work.

Returning To Work

An employer is able to offer the employee an equivalent job, with equivalent pay, whenever the employee returns to work. This is the employer’s right whenever it isn’t possible to keep the employee’s original job open for an extended period of time.

Record Keeping

Employers are responsible for keeping detailed records of their employees who take FMLA leave. However, they are not required to turn these reports in to any governmental agency. These records are useful if there is any legal action taken against the employer regarding the FMLA.

Benefits During FMLA

An employee is still responsible for maintaining payment of benefits during FMLA. The employer has certain rights when it comes to benefits, depending on the length of the leave that the employee takes.

One of the rights that employers have is that their employees work while on the clock and perform the tasks that they were hired to do. This can be difficult to monitor when employees spend most of their shift or even their entire shift alone. A solution to monitoring employees is electronic and remote monitoring. To find out more about the services that the Zeitgroup offers employers, find out what they have done for other companies and contact the Zeitgroup today. A free quote is as easy as filling out a simple form.

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Read More about What Are My Rights as an Employer. Zeitgroup is an industry leader in employee monitoring and time tracking for businesses with on the go employees. Zeitgroup also offers the best in CCTV Miami solutions.

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