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  1. #1
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    Default Joint Employee Status and FMLA Eligibility

    My question involves labor and employment law for the state of Colorado: I worked for a company as a contract to hire consultant for 11 and 3/4 months then converted to a full time actual employee. after being an actual employee for about two weeks I developed a serious medical condition and have requested FMLA. Am I covered under the spirit of the law in meeting the 12 month period for employment status with the employer?

  2. #2
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    Default Re: Employee Status for FMLA

    I would say so, yes.

  3. #3
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    Default Re: Employee Status for FMLA

    Define "contract to hire?" Were you working for some other company that had placed you with the eventual employer or were you working directly for them as an independent contractor?

  4. #4
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    Default Re: Employee Status for FMLA

    I was working working for some other company that placed me with the eventual employer. What difference would that make?

  5. #5
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    Default Re: Employee Status for FMLA

    Quote Quoting dizzyone
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    I was working working for some other company that placed me with the eventual employer. What difference would that make?
    to qualify for FMLA, you have to have worked for the concerned employer for at least one year (not necessarily consecutively) and worked more than 1250 hours for that employer in the immediately preceding year.

    I would say you do not qualify since you have worked for this employer for only 2 weeks and obviously have not worked 1250 hours for them in the preceding 12 months.


    It isn't a matter of the spirit of the law. It is what the law specifically requires of an employer. It often costs them money to have a person on FMLA leave as they must maintain your insurance payments while on FMLA leave. It would be in unfair burden to make a company that has employed you for only 2 weeks to bear such costs.

  6. #6
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    Default Re: Employee Status for FMLA

    A lot. If you were a temp employee placed by another employer (such as a staffing agency) then the time you spend there counts towards FMLA. If you were a self-employed IC it would not.

    However, since self-employed IC's rarely if ever work on a contract to hire basis, I took the direct route.

    - - - Updated - - -

    On the contrary. She worked almost a full year placed by another company. That time counts.

  7. #7
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    Default Re: Employee Status for FMLA

    Quote Quoting cbg
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    A lot. If you were a temp employee placed by another employer (such as a staffing agency) then the time you spend there counts towards FMLA. If you were a self-employed IC it would not.

    why would the time working for another employer count towards FMLA at this employer, even if they were assigned to work at this employer? They were not on this employers books in any way. The current employer did not pay the OP, his temp staff agency did.

    - - - Updated - - -

    while cbg may actually be researching some supporting law, I did a bit of looking and it does appear that the time at the temp agency is applicable towards the FMLA in some situations. It sounds like yours would likely be such a relationship (a temp to hire, a long term temp eventually hired by the end employer, situations where the work for the end employer was not simply a short term fill in matter basically)

    so cbg, I stand (well, actually I sit as typing while standing would be so uncomfortable) corrected.

  8. #8
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    Default Re: Employee Status for FMLA

    Because the law says it does. Google Joint Employer.

    - - - Updated - - -

    Ah, I see you got there.

  9. #9
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    Default Re: Employee Status for FMLA

    Quote Quoting cbg
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    Because the law says it does. Google Joint Employer.
    yep. Please read my edit.

  10. #10
    Join Date
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    Default Re: Employee Status for FMLA

    Thanks for the replies.

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