Most companies understand how to conform with the Family Medical Leave Act (FMLA) when employees request a leave. However, misconceptions regarding responsibilities associated with contingent workers can result in unintended FMLA violations and potential litigation.
If you are operating under the assumption that temporary workers are not your employees – and not your problem – you are already on dangerous ground.
FMLA leave eligibility of a temporary worker places different responsibilities on the staffing agency, and its client who the worker is assigned to. This issue has been addressed and clarified in the landmark case, Cuellar vs. Keppel Amfels, as follows:
What must the primary employer do (i.e., staffing agency) when an employee requests FMLA leave?
While job restoration is the staffing company’s responsibility, the client as the secondary employer must accept the worker returning from FMLA leave if the client continues to use a temporary staffing employee and the staffing company is still providing the client “temps”. If a “replacement worker” has been filling in during the leave, that worker must step out of the position to accommodate the returning worker.
To reduce the risk of FMLA non-compliance or abuse, we advise staffing agencies to take the following steps:
As businesses juggle the use of temporary workers, performance imperatives and worker satisfaction; such clarity on compliance related issues will provide great relief in managing their day-to-day operations.
Mail (will not be published) (required)
4 × = sixteen
Thanks for Subscribing to DCR Blog.