Internship/temp employee and FMLA eligibility?

[MTE20112]

FMLA only covers if you weren't going to be terminated anyhow. FMLA isn't a protection against general layoffs, etc... just against being fired because you took the time off. The problem here is that your absence causes contractual problems with the company that you were placed with that could cause your actual position to be gone.

Unless your body shop puts 50 people within 75 miles, they're not subject to FMLA anyhow.

I am not sure how this causes contractual problems with the company (other than it sucks that I will need time off). My position is for over a year and would still be needed after some medical leave so I am confused about what problems you are saying it will cause...? If you're saying because of my contract ending at some point in the future that FMLA would ONLY cover if there were no "end date" then I understand your comment, but based on what cbg told me I really did not see this as an issue.

Cbg do you have any more insight? I'm slightly worried now. Thanks all

 

[cbg]

FMLA protects you from being terminated or demoted because you took FMLA. It doesn't protect you from any other kind of termination. The problem when one of the employers is a staffing agency, is that they are limited to only the jobs that are available at the time. They can't create jobs that don't exist, and they can't force a client to take a particular individual. You've got a slightly better situation IF it is 100% certain that the client company is going to still need someone after you return. Since FMLA does, in my opinion, apply, the staffing agency can have another employee fill in for you with the client company on the condition that you return to the position when you are able.

But to Ron's point, just for the sake of argument let's say that while you were out, the client company said, "Okay, the project's over, we don't need anyone anymore, see you next time we need additional staffing" and the person replacing you was sent home. When you come back, there is no job. None of the staffing agency's other clients have any need for someone with your skills. There is no job to send you to. What's FMLA going to do for you?

 

[MTE20112]

Thank you for clarifying. Because of my contract length and understanding of the consort, I do firmly believe that if I leave (if this FMLA thing even works out), that I would be able to return to my job or a very similar position. I know there will be a need for this work, which is why they even created this position. And stepping away for about 5-8 weeks hopefully does not ruin that but I understand what you are saying.

This company likes to have people go through the agency for about a year or more and then hire them back full time working directly for them. It's just part of their "process". I know my situation seemed a bit unique but I was very relieved and thankful to hear I might be eligible for FMLA. I've already reached out to the agency and they are researching it for me.

I hope it works out otherwise I would look at just giving up my job in order to leave to have a surgery.

Thanks cbg for the clarification and constant support with this

 

[cbg]

Best of luck to you for a good resolution and a speedy recovery.

 

[MTE20112]

What?

Best of luck to you for a good resolution and a speedy recovery.

Cbg they got back to me and said

"We reached out to our Legal team and confirmed that because we didn’t place you
initially, we do not have to count your time then toward FMLA eligibility.

As a result, you are not eligible for the Unpaid FMLA."

Ugh. I guess nothing can be done. Also - when asking the staff agency one of the first things they did was called my manager and told him I was taking an extended medical leave. They didn't know yet as nothing was confirmed but I thought that was something the staffing agency should've not done at all.

 

[eerelations]

While I agree that they probably shouldn't have done this, it wasn't illegal for them to do this.

 

[MTE20112]

What about the actually FMLA eligibility? CBG seemed to think I may be eligible and from my research it seemed like I could be as well. But I'm getting this push-back. They didn't place me initially, but I work same position for the same company now through the agency. I was sent to the agency by the "first" employer. Argh. I guess CBG may have been mistaken or they are just telling me otherwise ...?

 

[cbg]

While it was, and to a certain extent still is, my opinion that FMLA applies, I didn't realize that they didn't place you initially. I can sort of see their point, although I still think they're wrong.

However, my opinion and $2 won't even get you out of Starbucks. The only ones who have a vote that counts would be the US DOL. Call them and ask.

 

[MTE20112]

While it was, and to a certain extent still is, my opinion that FMLA applies, I didn't realize that they didn't place you initially. I can sort of see their point, although I still think they're wrong.

However, my opinion and $2 won't even get you out of Starbucks. The only ones who have a vote that counts would be the US DOL. Call them and ask.

Sorry I didn't clarify that initially. I had a position with the company for over a year and then kept the same position but now through the agency. Because I haven't worked for the agency before I have no medical leave available they say. So I cannot take any time off for a surgery or medical reasons, or I forfeit my job. I do have a call out to DOL. I don't think this is worth pushing the issue but I am frustrated that I am not eligible for FMLA. Because now if/when I have to take time off, it becomes either stay and work or lose the job. That part sucks.

If DOL does, miraculously, say something like I am eligible how do I navigate that with the agency? Thank you

 

[cbg]

The DOL will tell you your options in that case.

 

[LdiJ]

Sorry I didn't clarify that initially. I had a position with the company for over a year and then kept the same position but now through the agency. Because I haven't worked for the agency before I have no medical leave available they say. So I cannot take any time off for a surgery or medical reasons, or I forfeit my job. I do have a call out to DOL. I don't think this is worth pushing the issue but I am frustrated that I am not eligible for FMLA. Because now if/when I have to take time off, it becomes either stay and work or lose the job. That part sucks.

If DOL does, miraculously, say something like I am eligible how do I navigate that with the agency? Thank you

Make sure you explain it a little more clearly than that when you talk to the DOL. You want to get an accurate answer from them.

You worked for the company as an intern for a year. You were a direct hire.

Then, you got placed by a staffing agency with the same company.

That is how you explained it in your opening post, and that is how you should explain it to the DOL when you talk to them.
However, I just cannot see how a staffing/temp agency could possibly be required to provide you the same job back, because they cannot guarantee that the job is permanent.

 

[MTE20112]

Make sure you explain it a little more clearly than that when you talk to the DOL. You want to get an accurate answer from them.

You worked for the company as an intern for a year. You were a direct hire.

Then, you got placed by a staffing agency with the same company.

That is how you explained it in your opening post, and that is how you should explain it to the DOL when you talk to them.
However, I just cannot see how a staffing/temp agency could possibly be required to provide you the same job back, because they cannot guarantee that the job is permanent.

Thank you for your comment and I will explain it this way.

Question for you though - if I am just looking to (if I do need this) to have a few weeks off, and my current job/job contract is at least for one more year at this point, and IF the DOL said my time already worked should count, then I would believe my job would be available after my return. I only think that way because my job has been "guaranteed" in this contract for at least one more year.

But yes I will ask the DOL and hopefully they can help. As I said, I don't have any time off or medical leave because I just started working the same position through the agency. So, if I do need this, I would have to leave which really sucks.

Thank you