• An employee’s primary employer is responsible for satisfying FMLA responsibilities in a joint employment relationship.
• The secondary employer should not discriminate or retaliate against an employee on FMLA leave.

Where two or more businesses exercise some control over the work or working conditions of the employee, the businesses may be joint employers under the Family and Medical Leave Act (FMLA). Joint employers may be separate and distinct entities with separate owners, managers, and facilities.

Where an employee performs work which simultaneously benefits two or more employers, or works for two or more employers at different times during the workweek, a joint employment relationship generally will be considered to exist. This is often the case when dealing with temporary employment agencies.

In a joint relationship, the primary employer is responsible for satisfying the basic FMLA responsibilities to an employee taking FMLA leave, while the secondary employer is prohibited from discriminating or retaliating against that employee.