Q. We lease some of our workers from an agency. The agency handles all personnel needs of its employees, but our supervisors provide day-to-day direction to the workers. One of our agency employees, Jane, informed the agency that she was taking
A. The leasing agency and your company probably will be deemed to be in a “joint employment” relationship under . The employee-leasing agency is the “primary” employer, and your company is the “secondary” employer. When the leasing company sends back an employee who left on FMLA leave, your company must accept the employee back if you continue to use the same leasing agency.
This is covered in a specific : 29 C.F.R. §825.106(e).
You may be able to work with your leasing company to see whether they would be willing to send Jane to another engagement if you are happier with Mary.
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