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  1. #1
    Join Date
    Sep 2013
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    Default FMLA Protections for an Employee Contracted to Another Company

    My question involves labor and employment law for the state of: Florida


    My wife works for company ABC which has a contract with company XYZ to provide her onsite at XYZ as a dispatcher. She hired into this contracted position several years ago. She has a chronic illness which has been progressing more the past 6 months so she got certified through her company ABC for intermittent FMLA leave for her chronic illness.

    Recently XYZ has been complaining about her missing days and she has heard that XYZ may want her off the account due to missed days. She was told by her supervisor for ABC that she needs to make it to work, even if he has to come pick her up. Also a supervisor has told her that if XYC decides to drop her off the account, that ABC would let her go.

    Since she has been FMLA certified through her company ABC, and if XYZ wants her replaced, would ABC be required under the rules of FMLA to maintain her employment in another position?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Regarding FMLA Protections and Employee Contracted to Another Company

    Huh?

    xyz is irirrelevant abc cannot fire her if she was qualified for fmla leave and had not exceeded the allotted 12 weweeks.

    I suspect she will hear a lot of: sorry but we have not found a position for you yet from abc.


    They cannot fire her but they are not required to make up a position for her either. If she is placed, her fmla becomes irrelevant with the new company as they have not hired her but contracted with her employer to provide services. Her employer must fulfill their obligations to their client regardless of your wife's situation.

  3. #3
    Join Date
    Sep 2013
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    5

    Default Re: Regarding FMLA Protections and Employee Contracted to Another Company

    So her company ABC can say " I am sorry no position to place you" and let her go even if she is covered under rules of FMLA? How much of an effort must her employer make to place her in a position before they can wash their hands of the whole situation

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Regarding FMLA Protections and Employee Contracted to Another Company

    Do I understand that ABC is a staffing agency? If so, they obviously must make an effort but they cannot create a position out of thin air. If no client company is currently looking for someone with your wife's skills and qualifications what do you expect them to do?

  5. #5
    Join Date
    Sep 2013
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    5

    Default Re: Regarding FMLA Protections and Employee Contracted to Another Company

    Not a staffing agency. They are a tree trimming company that provides crews and support staff to utilities and governments on a contract term

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Regarding FMLA Protections and Employee Contracted to Another Company

    How does that differ from an industry-specific staffing agency?

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