Internship/temp employee and FMLA eligibility?

[MTE20112]

I am in Florida. Does an internship count towards FMLA?

I had an internship with a company, where I worked full time hours, and worked for over one year. Now I work full time for the same company, through a staffing agency. Am I able to be covered under FMLA? Because the website I linked https//www.shrm.org/resourcesandtools/tools-and- samples/hr-qa/pages/timespentastemp.aspx in addition to 'FMLA regulation 825.106, which pertains to joint employment, applies. The regulation in paragraph b1 states A determination of whether or not a joint employment relationship exists is not determined by the application of any single criterion, but rather the entire relationship is to be viewed in its totality. For example, joint employment will ordinarily be found to exist when a temporary placement agency supplies employees to a second employer.' The original company constantly uses the same staffing agency to hire employees again from intern to employee status. As from reading that, it sounds as if the time from being an intern and working over one year SHOULD count towards FMLA eligiblity. Can you please confirm or deny this? Thanks.

 

[LdiJ]

I am in Florida. Does an internship count towards FMLA?

I had an internship with a company, where I worked full time hours, and worked for over one year. Now I work full time for the same company, through a staffing agency. Am I able to be covered under FMLA? Because the website I linked https//www.shrm.org/resourcesandtools/tools-and- samples/hr-qa/pages/timespentastemp.aspx in addition to 'FMLA regulation 825.106, which pertains to joint employment, applies. The regulation in paragraph b1 states A determination of whether or not a joint employment relationship exists is not determined by the application of any single criterion, but rather the entire relationship is to be viewed in its totality. For example, joint employment will ordinarily be found to exist when a temporary placement agency supplies employees to a second employer.' The original company constantly uses the same staffing agency to hire employees again from intern to employee status. As from reading that, it sounds as if the time from being an intern and working over one year SHOULD count towards FMLA eligiblity. Can you please confirm or deny this? Thanks.

Your problem is that you do not work for the company, you work for the staffing agency. Its the staffing agency that would have to offer you FMLA, and I do not believe that staffing companies normally are required to do so, nor would they be able to guarantee that you would be placed at the same company after FMLA if they were required to offer it.

 

[justalayman]

Nobody offers anybody FMLA. It is simply a law in place that affords you job protections if the situation qualifies. The employer has absolutely no say in the matter.


As to the situation of the different employers but workingrovide at the same business; I can't say without a lot of research but cbg or eeralations can likely provide an answer. I would wait for one of them to respond.

 

[cbg]

Tell me about the internship. Were you paid? If so, was it minimum wage, more, less? Did you get school credit? How were you placed for the internship?

 

[MTE20112]

yea. This was called a "professional internship", it was really like a full time job within the company but under the name of an internship so there was more learning expected with the position. I was paid way above minimum wage, close to what I am now making in the new position. I did not receive credit, as this was a position I got after graduating college. I was placed just by applying for the job and getting it after some interviews. The company treated me as any other employee and not really an "intern" as in I was not responsible for coffee runs but instead actual work. When they wanted to keep me around, they put me in touch with the staffing agency and then I moved up to a full time position but now through this agency. I'm still considered an employee of the same company but I am coming in through the staffing agency. I worked the internship for over one year before switching to the new, higher position. Thank you cbg

 

[cbg]

Since you were an employee and not an intern, I would agree that the co-employment feature would apply and that your previous time would count.

 

[eerelations]

Since you were an employee and not an intern, I would agree that the co-employment feature would apply and that your previous time would count.

Even though OP was employed by a different employer during the first year?

(Not questioning your knowledge, just don't know enough about this myself.)

 

[MTE20112]

Since you were an employee and not an intern, I would agree that the co-employment feature would apply and that your previous time would count.

If that is true then wonderful. Do you believe I should verify thru the company or the staffing agency for the FMLA? Or both? I am glad this might work out as when I asked other people and mentioned an internship they immediately assumed something much different. This was really a full time job under the guise of having the flexibility to learn by being an intern.

Should I ask both companies about the leave or just one?

Thank you again

 

[MTE20112]

Even though OP was employed by a different employer during the first year?

(Not questioning your knowledge, just don't know enough about this myself.)

Yes I'd like to confirm this. Technically I work for the same company but it is routed THROUGH the agency now which I worried would start my time all over and negate my one plus year already worked.

 

[cbg]

Even though OP was employed by a different employer during the first year?

(Not questioning your knowledge, just don't know enough about this myself.)

That is my opinion, yes. She was employed by A for over a year; now she is employed by B (the staffing agency) but "rented out" to A. If the staffing agency sent her to C that would be a different story.

OP, talk to your actual employer - the staffing agency first.

 

[MTE20112]

That is my opinion, yes. She was employed by A for over a year; now she is employed by B (the staffing agency) but "rented out" to A. If the staffing agency sent her to C that would be a different story.

OP, talk to your actual employer - the staffing agency first.

I will ask my employer and see if anything can be done account for my previous time worked, despite the differed status in position.

Thank you all for at least confirming my suspicions on this. I appreciate it

 

[cbg]

The answer would also be different if you had actually been an intern. But this is one of those situations where calling you an intern does not make it so.

 

[FlyingRon]

The catch-22 is that if he is body shopped out, even if the body shop is subject to FMLA, the loss of the contract due to him being on leave is likely justification for them to not restore his job when he returns from the leave.

 

[MTE20112]

The catch-22 is that if he is body shopped out, even if the body shop is subject to FMLA, the loss of the contract due to him being on leave is likely justification for them to not restore his job when he returns from the leave.

Can you explain this a bit more please? I thought FMLA would help give me position or similar position upon return

 

[FlyingRon]

Can you explain this a bit more please? I thought FMLA would help give me position or similar position upon return

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.