Eric Swenson of Managing People in the 21st Century discusses how small businesses will sometimes "borrow" and "modify" another company’s employee handbook in an effort to save money. Swenson’s post illustrates why this is a bad idea.
In one instance, a small company not required to offer FMLA benefits under the law was required to do so because of misstatements in their employee handbook. The article from the Sedgwick Law Firm in California refers to an Iowa Federal Court decision by Judge Bennett in Myers v. Tursso Company, Inc. Judge Bennett held it is possible that an employer with fewer than 50 employees within a 75 mile radius, could still find themselves "required" to grant FMLA leave, based on their conduct, even though not technically within the coverage of the statute.
For more check out the article by Michael Fox on Jottings by an Employment Lawyer.