Q. Must an employer using the services of a temporary agency comply with thefor its temporary or leased employees?
A . When two or more companies exercise some control over the work or working conditions of an employee, they may be “joint employers” under the FMLA. Joint employers ordinarily will be found to exist when a temporary or leasing agency supplies employees to a second employer.
In joint employment relationships, only the “primary” employer is responsible for giving required notices to its employees, providingand maintaining health benefits. To determine the primary employer, consider which employer has the authority or responsibility to hire and fire the employee, make payroll and provide .
The primary employer of temporary or leased employees, for example, is most commonly the agency. Thus, the agency would be responsible for providing FMLA leave to its temporary employees.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3747/temp-agency-employees-and-the-fmla "
- After FMLA, OK to reassign worker who can't do old job
- Worker can't return from FMLA leave? Beware demanding repayment of health benefits
- Suggestion box winners: Beer, bikinis … and then maybe a nap
- Workplace confidentiality: Persuade staff to 'think' privacy
- Safeguard your health data: HIPAA rules kick in April 14