I and a friend are pregnant. I’m married and she’s not. Can both my husband and her boyfriend apply for FMLA or do you have to married to apply for FMLA.

Both men work for a company with more than 50 employees and more than a year.

But there are consider a part- contractor. This means they work for one company who offer them insurance but their contracted out to other companies. If you stay with 2nd company for more than 3 months they will offer you insurance to become full time employee with them. Which company should they apply for FMLA with?

Your husband can apply for FMLA. Her boyfriend cannot. A spouse is eligible for FMLA - boyfriends or girlfriends are not.

He would apply through the company that provides him with his paycheck.

ok. the 2nd company issue him his pay check, but he only been with them for 2 months not 3 to get benefts

I thought you said in your first post he had been with them for more than a year?

company 1 yes one year company 2 only two months

Okay, I need to make sure I understand this because it makes a tremendous amount of difference to the answer.

He was employed by an agency that contracted his services out to another. Two months ago, the company he was contracted to brought him on full time. One way or another, between the contract and his new status, he's been working at the same company for over a year. Is that correct? If not, please explain.

He's been working with company A which is a staffing company he's been there for 1 year. Company A offers him insurance. Company contract's him out to other companies who are in need of his services for certain period of time.
For example let's say kysmae is an out sourcing company I provide services to several others companies for a certain amount of time. Banks Z needs help so I send max. Max only work for them for 3 months. When max gets his pay check it is issued from kysmae. While working at bank z they offer him a permitted position to work for them but won’t start until he’s been with them for 3 month. He’s been there for only 2 months now. Since he’ll be in between contracts and insurance what should he do?

I know I said before that company 2 issues him is pay check but that was with another company he was assigned to before his new assignment. I know it’s confusing at this point we are.

I'm even more confused than ever.

Yes or no. Has he been working at the same company for more than 12 months? This can include both time contracted out by an agency or time as an employee.

I'm not concerned with whether he has benefits. I'm not concerned (at this point) with who issues his paycheck. The ONLY thing I want to know is whether or not he has been reporting to the same company and doing the same job for more, or less, than twelve months.