The Family and Medical Leave Act (FMLA) is already one of the hardest employment laws to comply with. Add joint employment into the mix, and the level of difficulty further increases.
Here are some pointers for handling FMLA issues when joint employment is likely to exist:
Issue 1: Is there Joint Employment?
To determine whether two companies are joint employers under the FMLA, the Economic Realities Test is used. This is the same test used under the Fair Labor Standards Act (FLSA). (See this post for a recent development that threatens to expand the definition of joint employment under the FLSA.)
The DOL has advised that in most staffing agency relationships, there is joint employment.
Issue 2: How Does Joint Employment Affect An Employee’s FMLA Eligibility?