• The time employees worked for both the company and the temp agency should be counted toward FMLA eligibility.

If employers have temporary employees, the time such employees work for both the employer and the temp agency are to be counted toward Family and Medical Leave Act (FMLA) eligibility. A temporary help agency and an employer are considered joint employers for purposes of determining employee eligibility (and employer coverage) under the FMLA. Consequently, the time an employee was employed by a temporary help agency would be counted toward the eligibility test.

The worksite for employees of a temporary employment agency is the site from which the work is assigned — that is, the employment agency. Therefore, all temporary employees assigned by the temporary employment agency, regardless of whether the customers’ worksites are within 75 miles of the agency’s office, are included in the employee count for the temporary employment agency office in determining if staff employees are eligible for FMLA leave.