HR Management & Compliance

Determining FMLA Eligibility for Temporary Workers

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the third area of the three-prong test used to determine FMLA eligibility, the minimum worksite requirement. However, how do you handle FMLA eligibility for temporary workers? Let’s have a look.

Although temporary employees must be counted for purposes of determining whether an employer is covered by the FMLA, the employer’s workplace is not the temporary worker’s “worksite” for purposes of evaluating whether the temporary employee is eligible for FMLA leave by virtue of meeting the “at least 50 employees within a 75-mile radius” criterion, unless he or she has been assigned to this same workplace for at least a year…

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