Employment Law Questions? Ask an Employment Lawyer.
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Since he is hired as an employee,
you would be liable under the law, to keep his job open when he returns,
and provide 24 months of health insurance,
you are not required to pay a salary,
- what options do we have, since though we have hired him, he is working at our client site full time and not our facility
and he has only been hired after client has interviewed and pproved him
This is a problem, unless you can work out an arrangement with the client to hire him as an employee, you are obligated under Federal law as the employer
if he is deployed,
the client would not be coevered,
so when he returns,
you would have to pay him even if he has no client, and that will be an issue,
however we do not internally have such positions, so where will we hire such a senior computer specialist. All our internal staff consists of is administrative personnel and recruiters.
You would hire him, and if you do not have a client for him when he returns,
he can be terminated as there is no lack of employment,
What you need to do is have a contract written for him that states he will only be paid once a client accepts his employment, and that you are a staffing company only,
If you can show this, where in your case you could, you would be fine
Just to make it easier, would it help our case if we pay him an hourly rate on W2 .. say $50/hr of work done at our client on W2 + medical insurance, instead of a fixed yearly salary.
I would still have the employees sign a contract stating that you are a staffing company, and wages are paid as per client approval only. Also mention if there is no work or clients, they will not be paid.
Yes, that would be better, however have him sign a contract,
You mentioned about medical insurance to be paid for 24 months, now who would pay for this medical insurance, as such as compnay policy is that We pay 10% of the premium and Employee pays 90% of the premium (deducted pre-tax from there pay)
USERRA gives an employee the right to elect continued health insurance coverage, for himself or herself and his or her dependents, during periods of military service. For periods of up to 30 days of training or service, the employer can require the person to pay only the normal employee share, if any, of the cost of such coverage. For longer tours, the employer is permitted to charge the person up to 102 percent of the entire premium. If the employee elects coverage, the right to that coverage ends on the day after the deadline for him or her to apply for reemployment or 24 months after the absence from the civilian job began, whichever comes first.
USERRA gives an employee and previously covered dependents the right to immediate reinstatement of civilian health insurance coverage upon return to the civilian job. The health plan cannot impose a waiting period and cannot exclude the returning employee based on preexisting conditions (other than for those conditions determined by the Federal government to be service-connected). This right is not contingent on an election to continue coverage during the period of service. (Section 4317)
So this means, that our employee will pay 90% premium (as per our company policy) for 30 days, and than he will pay 102% (max) for the medical ins.
Thank you so much, you are very thorough.
good luck, and if you have any questions please do not hesitate to ask.
If satisfied please provide us with positive feedback,
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