Does time as a contract Employee count towards FMLA eligibility?

Craig B · July 2003

I recently heard that an employees time as a contract employee counts towards identifying FMLA eligibility.

I have an employee who worked for 5 months through a temp agency then we hired her on our payroll. She has been on our payroll for 8 months. For FMLA reasons only should I consider this employee to be employeed for 13 months and be eligible for FMLA leave?

Please help!
Thanks

awilliams · July 2003

Yes, you are right. Time working for you, even if through a temporary employer, counts towards the 12 month requirement. 29 C.F.R. 825.106(d).

Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC

Don D · July 2003

Well, I for one have learned something today. I did not know that and don't mind saying so. I'm surprised, frankly.

Does time as a contract Employee count towards FMLA eligibility?

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