Heard It On The Hotline: FMLA Eligibility
7/3/2012By
Featuring frequently asked questions from Trusight’s Research Hotline.
Question:
We have an employee who is requesting a medical leave. Before we hired this person she worked for us for 90 days as a temporary through a temporary agency. Do we count the time she was here as a temp toward her FMLA eligibility?
Answer:
This is a situation where joint employer coverage under the FMLA is applicable. When a company uses the services of temporary workers paid by the temporary agency, the two companies are typically considered joint employers. Under this arrangement, any time worked for the employer must be considered when determining FMLA eligibility.
To be eligible for FMLA an employee must meet these three criteria:
- Have worked for the employer for at least 12 months (does not need to be consecutive).
- Have worked at least 1,250 hours for the employer during the preceding 12-month period.
- Works at a location where the employer employs 50 or more employees within a 75-mile radius.
In the situation described, the employer needs to consider the time the employee worked for the employer as a temporary through the temporary agency in determining if the employee meets the requirements of one-year of service and 1,250 work hours.
If you have questions about this topic or other HR issues, contact the Trusight Research Hotline at research@trusightinc.com.
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