Yes it does. See Miller
v. Defiance Metal [an enhanced version of this opinion is available to lexis.com
subscribers], a 1997 case out of the Ohio Federal Court, which
provides an excellent discussion on why temp agencies and employers are
considered "joint employers."
What does this mean? Well, one is eligible for FMLA leave only after one
year of employment with the company (the 12 months need not be consecutive),
and only if one has worked 1,250 hours within the most recent 12 months of
How can this be important?
Example 1: So, let's assume that 13 months ago you began working
full-time at Company A as a temp employee for TempAgency, Inc. Six months
ago (i.e. 7 months after you started as a temp), Company A hired you
full-time. Today, you break your leg, and need a month off and would like
to take FMLA to protect your employment. The company says, "No, you
are not eligible for FMLA because you have only worked for us for 6
Wrong! Your are eligible because the first 7 months, when you worked at
Company A while being paid by TempAgency, Inc., count towards your FMLA 12
Example 2: Thirteen months ago you began working 40 hours per
week at Company A while an employee of TempAgency, Inc. Six months ago
(i.e. 6 months after you started working as a temp), Company A hires you on a
part-time basis working 20 hour per week. Today, you break your leg, and
seek FMLA leave. "No," the company says, "you are not
eligible for FMLA because you only work part-time."
Wrong! Since you have worked more than 1,250 hours during the 12 months
that immediately preceded today when you broke your leg, you are eligible for
More FMLA questions? Click
here for an overview as to how FMLA works.
Are you an Independent Contractor with a question about your rights under
Pennsylvania's unemployment law? Click
here for information on that topic.
Read more articles
about employment law issues at Philadelphia Area Employment Lawyer, a blog
by John A. Gallagher.
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