[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.501]

[Page 124-125]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300--EMPLOYMENT (GENERAL)--Table of Contents
 
              Subpart E--Use of Private Sector Temporaries
 
Sec. 300.501  Definitions.

    Source: 54 FR 3766, Jan. 25, 1989, unless otherwise noted.


    For purposes of this subpart:
    (a) A temporary help service firm is a private sector entity which 
quickly provides other organizations with specific services performed by 
its pool of employees, possessing the appropriate work skills, for brief 
or intermittent periods. The firm is the legally responsible employer 
and maintains that relationship during the time its employees are 
assigned to a client. The firm, not the client organization, recruits, 
tests, hires, trains, assigns, pays, provides benefits and leave to, and 
as necessary, addresses performance problems, disciplines, and 
terminates its employees. Among other employer obligations, the firm is 
responsible for payroll deductions and payment of income taxes, social 
security (FICA), unemployment insurance, and workers' compensation, and 
shall provide required liability insurance and bonding.
    (b) Private sector temporaries or outside temporaries are those 
employees of a temporary help service firm who are supervised and paid 
by that firm and whom that firm assigns to various client organizations 
who have contracted for the temporary use of their skills when required.
    (c) Parental and family responsibilities are defined in OPM 
issuances and include situations such as absence for pregnancy, 
childbirth, child care, and care for elderly or infirm parents or other 
dependents.

[[Page 125]]

    (d) A Federal supervisor of Federal employees is defined in 5 U.S.C. 
7103(a)(10) as

an individual employed by an agency having authority in the interest of 
the agency to hire, direct, assign, promote, reward, transfer, furlough, 
layoff, recall, suspend, discipline, or remove employees, to adjust 
their grievances, or to effectively recommend such action, if the 
exercise of the authority is not merely routine or clerical in nature 
but requires the consistent exercise of independent judgment * * *

    (e) A critical need is a sudden or unexpected occurrence; an 
emergency; a pressing necessity; or an exigency. Such occasions are 
characterized by additional work or deadlines required by statute, 
Executive order, court order, regulation, or formal directive from the 
head of an agency or subordinate official authorized to take final 
action on behalf of the agency head. A recurring, cyclical peak 
workload, by itself, is not a critical need.
    (f) A local commuting area is defined in part 351 of this chapter.

[54 FR 3766, Jan. 25, 1989, as amended at 66 FR 66710, Dec. 27, 2001]