Legal Question in Medical Leave in California
Family Medical Leave Eligibility
I have and employee who was employed through us by a staffing agency, she was working with us through a staffing agency for a year. She got hired on with our company on febuary of this year. She is going on a leave for a medical problem. My question is is she eligible for family medical leave? even though she was employeed through a staffing agency for year before getting hired on.
2 Answers from Attorneys
Re: Family Medical Leave Eligibility
As an employee attorney, I have repeatedly taken the position in such circumstances that there are two employers: one administrative and one supervisory, and that the company controlling the worker's day to day activities cannot escape legal obligations to the employee under the FMLA. Obviously, the agency is not going to give this employee her same job after her return from leave because it has neither the job nor the authority. My position remains that both employers are therefore potential defendants, and that they can work out between themselves how to divide the liability. In the meantime, the employee gets the protection anticipated by the statute.
Re: Family Medical Leave Eligibility
-There could be two types of leave at play. One is FMLA leave, the other is leave to accomodate a disability. Without more facts, I cannot give a definite answer.
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