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FMLA & temp workers New York

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  • FMLA & temp workers New York

    I know that when an agency employee is hired and then needs a leave of absence, we have to include the time worked here through the agency when checking to see if he has worked 12 months. Do the temp hours count toward the 1250 also?

  • #2
    Yes. You and the staffing agency are "co-employers" for FMLA purposes and you must include any hours the employee worked for you through a staffing agency as well as hours worked after you hired them in determining eligibilty.


    • #3
      Thank you Beth. I figured that if months had to be counted, hours did too, but I wanted to be sure.

      Thanks again!


      • #4
        You're very welcome.


        • #5
          And you don't have to back date the employee's date of hire. All you have to do is consider the time worked for your company through the staffing agency for FMLA eligibility purposes. Some employers have questioned that.
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