FMLA eligibility

Ghill

Suppose you contract with a temporary employment service for workers. After 3 months as a temporary, a worker is hired by the Company. The employee works 9 months with the company and requests FMLA, stating the 3 months she worked here as a temp should count toward leave entitlement. Would the Company have to consider the time she worked as a temp in determining her eligibility?

System

[font size="1" color="#FF0000"]LAST EDITED ON 05-11-01 AT 02:44PM (CST)[/font][p]Sounds like the answer is yes under the federal Family and Medical Leave Act (state FMLA laws may be more lenient).

Below is an excerpt from a Q&A article in the HRhero.com members-only area. A search in the Newsletter Archive also turned up several articles on cases in which the courts concluded that you must count the time the employee works for you as a temp when figuring FMLA eligibility.

If you're a Law Center member and would like to read those articles, click the Home link in the menu at left, then click Member Login and enter your Law Center ID & password. Then search in the Newsletter Archive for fmla, including temporary employees.

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

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Q: In determining whether an employee meets the eligibility requirements for FMLA leave, must an employer count the time the employee spent working on the premises while employed by a temporary help agency?

A: Typically, a temporary help agency and the employer on whose premises the employee is working are considered joint employers for purposes of determining employer coverage and employee eligibility for purposes of FMLA. Thus, the time spent working for the temporary help agency while on the subsequent employer's premises must be counted in determining the 1,250 hours worked test and the 12 months of service test.