Liniac
12-10-2008, 04:09 PM
I am trying to research whether my company falls under CFRA (for the purposes of planning for maternity leave next spring) . We have 47 full time regular employees working at my local office. I of course realize this is below the 50 person test for CFRA.
However, when I had my first child in 2007, I researched extensively about pregnancy leave and recall reading somewhere (but am unable to find a cite for this now) that the law sometimes treats contractors as employees for the purposes of determining the number of employees. If the contractors are in all other respects indistinguishable from employees of the company, except for how they are paid, then they might be considered employees for this qualifying purpose. The distinction would be between a person who is 1099'd but in all other senses is an employee of the company (with offices, regular duties, a long employement history with the company) and a bona fide consultant/contractor in business for himself who works for multiple clients and is on a short term assignment with the company.
We have about 6 contractors of the former type, which is why this distinction is relevant to me now. During my last pregnancy the full-time employee headcount was closer to 30 so the question about contractors was moot anyway.
I realize this is a very nuanced thing and after hunting for some time now, now I'm wondering if I imagined reading this in the first place. If someone on this board knows what I am talking about, please let me know where I might substantiate this.
Many thanks in advance for any insight.
However, when I had my first child in 2007, I researched extensively about pregnancy leave and recall reading somewhere (but am unable to find a cite for this now) that the law sometimes treats contractors as employees for the purposes of determining the number of employees. If the contractors are in all other respects indistinguishable from employees of the company, except for how they are paid, then they might be considered employees for this qualifying purpose. The distinction would be between a person who is 1099'd but in all other senses is an employee of the company (with offices, regular duties, a long employement history with the company) and a bona fide consultant/contractor in business for himself who works for multiple clients and is on a short term assignment with the company.
We have about 6 contractors of the former type, which is why this distinction is relevant to me now. During my last pregnancy the full-time employee headcount was closer to 30 so the question about contractors was moot anyway.
I realize this is a very nuanced thing and after hunting for some time now, now I'm wondering if I imagined reading this in the first place. If someone on this board knows what I am talking about, please let me know where I might substantiate this.
Many thanks in advance for any insight.
