From the Desk of HR

My role as a Human Resources manager is to help my employer with employee-related issues . Here is one example. A manufacturing plant uses "temporary employees" on a regular basis. When added to the headcount of the employer's staff, the total exceeds 50 people. Is that employer now a covered entity under FMLA?

The Department of Labor has issued an opinion that "routine" contracted employees count toward the 50 employee jurisdictional number which places an employer under the Family and Medical Leave Act. Even temps who are used "from time to time" count, if they keep coming back to the same employer on a "continuing" basis.

If you are in this category and have not yet established your FMLA policy and procedures, please contact your HR or legal advisor. You could be headed for significant liability issues.

Services and guidance offered by People Solutions for Small Business does not replace legal counsel.

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