If you use leased employees, you're not required to manage their. 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 providingleave 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 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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employee called to jury duty? Different leave rules apply for federal, state courts
- Employees win right to sue for employer post-Employment conduct
- Tap into the lawsuit-saving power of self-reviews
- FMLA: You can request proof worker's parent has serious health condition