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FMLA and Maternity Leave

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erikbraucht

Junior Member
We are a small Family owned Business in Southern California that has 20 employees at this location and another 3 in Utah. Being a small company with under 50 employees excludes us from having to hold jobs when people take FMLA and Military Leave etc. We hired ADP total source to act as our HR company. Now we are being told that because ADP has thousands of Small Companys with thousands of employees we now have to hold there job for them. Being a small company that pays above average wages we cannot afford to leave these jobs open for extended time. Is this accurate?
 


Zigner

Zigner

Senior Member, Non-Attorney
erikbraucht said:
We are a small Family owned Business in Southern California that has 20 employees at this location and another 3 in Utah. Being a small company with under 50 employees excludes us from having to hold jobs when people take FMLA and Military Leave etc. We hired ADP total source to act as our HR company. Now we are being told that because ADP has thousands of Small Companys with thousands of employees we now have to hold there job for them. Being a small company that pays above average wages we cannot afford to leave these jobs open for extended time. Is this accurate?
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Are the employees still employed by you, or did you outsource that to ADP?
 
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erikbraucht

Junior Member
our Benifits checks everything come from ADP. All our harrasment and employment forms come from them. Basically anything HR is with ADP
 
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erikbraucht

Junior Member
Physically yes, Technically I do not think so. We are a client of ADP So my Taxes and everything says ADP. But my company pays everything. They are just a service. I can cancel them whenever I want. I just don't see how this changes the fact that I am still a privately owned small business. I still pay my taxes and stuff as our own company
 
eerelations

eerelations

Senior Member
Being an HR person with lots and lots of experience in this area, I would bet that these employees are actually legally the employees of ADP. This happens all the time when companies outsource their HR functions to an external provider. While it's probably in the OP's contract with ADP, I would bet that it's not prominently placed in the contract.

OP, you think you've got troubles now? Just wait 'til you've got some rogue nutbar of an employee roaming the office smashing computers and grabbing female employees' private parts, and ADP won't let you fire him.
 
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ecmst12

Senior Member
Sounds like it might actually be cheaper for you to hire your own HR professional (or 2) instead of dealing with ADP.
 
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