FMLA for staffing company contract employee
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We are a staffing company in Colorado and one of our contract employees is inquiring into FMLA for the care of her mother. We are a small company and wonder if the 50 employees required under the law number, in our case, consists of all the employees we currently employ as staff and contract, or just staff?
This will depend upon whether the contract employees are independent contractors, or are actually employees of your company whom you contract to others.
Most staffing agencies or temp services hire independent contractors and lease their services to companies in need of employees. In that case, the contractors would not count as employees, and you would have fewer than 50 workers, so FMLA might not apply to your company.
However, if the contract employees are actual employees of your company, then you may have more than 50 employees and FMLA may apply. If your company pays unemployment insurance for the contract workers, then they are probably employees, not independent contractors.
The best way to determine which situation applies to your company is to consult the U.S. Department of Labor or an attorney specializing in employment law.
Tags: 50, employee, FMLA, independent contractor
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2 Responses to “FMLA for staffing company contract employee”
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October 7th, 2008 at 3:43 pm
Thank you for your response. We are wondering if the 50+ employee are paid W-2 employees for the year, or on payroll at the time the request is presented. We pay unemployment insurance for the contract workers and consider them employees of our firm. We have approximately 25 on payroll, but we have W-2 for the year of around 50+. Which group qualifies for FMLA?
October 8th, 2008 at 10:05 am
Hi Norma! Since they are W-2 employees and you pay unemployment insurance on them, yes, they would probably qualify as employees under FMLA. It sounds like you have a number of contract employees who only work seasonally. They might well qualify as employees under the FMLA regulations. However, if your firm simply has very high turnover, and never has more than 25 employees on the payroll at any one time, you would not. You’ll probably have to check with the US Department of Labor on whether the FMLA applies to your particular company. The safest bet would be to offer FMLA, anyway. HTH, and thanks for reading the blogs!~ Caitlin