Intern now employee, am I eligible for FMLA?

M

MTE20112

Guest
Jurisdiction
Florida
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? I am in the state of Florida.

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 (b)(1) 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 anyone help with this? Thank you
 
In the other forum where you posted this, I asked you some questions about your internship. The answers matter.
 
I suggest you discuss your FMLA concerns with your employer, the temp agency.

You work at BIG CHICKEN FEATHERS, INC., but you're paid by Temps R Us.

Therefore, you might wish to discuss FMLA with Temps R Us.
More than likely you're a contractor, not an employee of Temps R Us.
If that's true, you've got surprises coming, mate.

How do you think FMLA will benefit you, assuming it applies?

What is it you're trying to achieve?
 
Thank you - cbg I appreciated your answers and insight on the other forum.

And I need to have major surgery, recovery time is 2 months...that is what I need FMLA for. Not trying to get it for some arbitrary reason.
 

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