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Secondary employer isn’t responsible for FMLA notice, leave

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in Firing,FMLA Guidelines,Hiring,Human Resources

If you use leased employees, you're not required to manage their FMLA leave. That's the leasing company's responsibility as the person's primary employer.

Example: A Florida U.S. District Court recently sided with Nokia in a dispute over providing FMLA leave to a materials handler. As his secondary employer, Nokia wasn't responsible for FMLA notification or leave. The court said those duties applied only to a primary employer, the one that provides benefits, makes payroll and has hiring/firing authority.

The employee worked in a Nokia plant under a leasing agreement with Spherion, which the court said was his primary employer.

Note: Secondary employers do have a duty to reinstate employees returning from FMLA leave. But that provision didn't apply in the Nokia case.  

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