Temporary to Regular Employees and FMLA

Family and Medical Leave Act (FMLA)
Elga Lejarza-Penn

Here is a typical question about FMLA that I will receive from my clients:

“I have an employee who started in our company about a year ago as a temporary employee from ABC Staffing Company. Two months ago, the employee was hired by our company as a regular full-time employee. The employee now needs surgery and is requesting FMLA. We denied the employee’s FMLA request since he has not met the eligibility requirements. The employee only has two months of service since we hired him. Do we need to worry about any problems? We are correct, right?”

If you would like to learn more about the Family and Medical Leave Act (FMLA) as well as laws that that do or could impact you as an HR Professional while earning continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Law and Investigation Techniques.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

My answer: “The time and the number of hours the employee worked for your organization as a temporary employee, needs to be counted toward the 12 months and 1,250 hours eligibility requirements. An employee’s term of employment begins once assigned by the temporary agency, rather than when hired as a regular employee”.

One more thing I add: “Run and get the employee back into your office, give them the eligibility notice, the rights and responsibilities, and the certification of health care provider within five days from the day they mentioned the FMLA qualifying event before they end up at the department of labor or at an attorney’s office”. Because if they do, you will end up with an “Interference Claim”. Two words you don’t ever want to hear with FMLA: Interference and Retaliation.

If you would like to learn more about the Family and Medical Leave Act (FMLA) as well as laws that that do or could impact you as an HR Professional while earning continuing education credits towards your SHRM or HRCI certification please join me at one of my upcoming Certificate Program Trainings on topics such as FMLA, ADA, Pregnancy Descrimination, Employment Laws, Interviewing Skills, OSHA and Sexual Harassment Law and Investigation Techniques.

If you would like to learn more about our SHRM-CP®, SHRM-SCP®, aPHR™, PHR®, SPHR® Exam Prep Courses and Boot Camps please check out our upcoming Exam Prep Trainings and check out our Student Testimonials and Success Stories.

Elga Lejarza-Penn, aPHR, PHR, SPHR, SHRM-CP, SHRM-SCP

Leave a Reply

Your email address will not be published. Required fields are marked *