Employer and Staffing Agency Responsibilities in Managing Employee FMLA Rights

John, a temporary employee assigned by Meeka Workforce Solutions, has been working at XYZ Manufacturing Co. for six months. His assignment was scheduled to last for one year.

One day, John stops reporting to work unexpectedly. After three days of unexcused absences, XYZ Manufacturing contacts Meeka Workforce Solutions and says, “We don’t want this person anymore. Send us someone else.”

Without asking XYZ Manufacturing why John stopped showing up or attempting to contact John, Meeka Workforce Solutions immediately processes his termination. No one from either the staffing agency or the employer contacts John to ask why he has been absent.

Two weeks later, John reaches out to Meeka Workforce Solutions after learning he was terminated. He explains that he had an unexpected medical emergency, was hospitalized, and needed emergency surgery. He provides medical documentation stating that his condition qualified for FMLA leave.

John files an FMLA complaint, claiming that his termination violated his rights under the Family and Medical Leave Act (FMLA).

Who is at Fault?

• Both XYZ Manufacturing (the Employer) and Meeka Workforce Solutions (the Staffing Agency) mishandled the situation.
• Meeka Workforce Solutions is at fault for FMLA interference because they did not attempt to contact John, investigate his absence, or provide FMLA paperwork. Instead, they simply terminated him without considering whether his absence was due to an FMLA-qualifying reason.
• XYZ Manufacturing is also at fault because they acted as a joint employer and terminated the assignment without asking why the employee was absent. Under FMLA regulations, when an employee of a staffing agency stops reporting to work, the host employer (XYZ Manufacturing) should inquire about the reason for the absence before requesting a replacement.

Key FMLA Violations in This Case:

FMLA Interference by the Staffing Agency (Meeka Workforce Solutions)

• The staffing agency failed to ask why John was absent before terminating him.
• They did not provide FMLA paperwork or medical certification forms, even though his absence could have been FMLA-qualifying.
• By terminating John instead of offering him protected leave, the staffing agency denied him his legal right to FMLA leave.

FMLA Interference by the Employer (XYZ Manufacturing)

• The employer ended John’s assignment without investigating the reason for his absence.
• FMLA regulations apply to joint employers, meaning XYZ Manufacturing should have asked the staffing agency why John was absent before requesting a replacement.
• Instead of assuming John abandoned his job, XYZ Manufacturing should have informed the staffing agency about his absence and asked whether he was eligible for FMLA protection.

How This Should Have Been Handled Properly:

Step 1: XYZ Manufacturing Should Have Contacted Meeka Workforce Solutions About John’s Absence Instead of simply saying, “Send me someone else,” XYZ Manufacturing should have informed the staffing agency that John had been absent and asked them to follow up.

Step 2: Meeka Workforce Solutions Should Have Reached Out to John Before processing his termination, the staffing agency should have:

• Contacted John directly to ask why he was absent. 
• Provided FMLA paperwork if he mentioned a medical reason.
• Allowed him time to submit medical certification before making a final decision.

Step 3: John Should Have Been Placed on FMLA Leave, Not Terminated If John qualified for FMLA leave, his absence should have been protected, and the staffing agency should have placed him on FMLA leave instead of firing him.

Step 4: XYZ Manufacturing Could End the Assignment, But Not Influence Termination While XYZ Manufacturing had the right to end John’s assignment, they could not retaliate or interfere with FMLA rights by pressuring the staffing agency to terminate him.

Step 5: Staffing Agency Should Have Reassigned John After His FMLA Leave Ended Once John was medically cleared to return, Meeka Workforce Solutions should have worked to place him in another assignment rather than automatically firing him.

Lessons for Employers & Staffing Agencies:

• Employers cannot ignore potential FMLA issues just because the employee is assigned through a staffing agency.
• Staffing agencies must treat temporary employees the same as regular employees when it comes to FMLA protections.
• An employee does NOT have to say “I need FMLA leave” to be protected. Employers and staffing agencies must recognize potential qualifying absences.
• Failing to investigate before terminating an employee can result in legal liability.

Both the Employer and Staffing Agency are Liable

• Meeka Workforce Solutions (Staffing Agency) – Guilty of FMLA Interference
• XYZ Manufacturing (Employer) – Guilty of FMLA Interference as a Joint Employer

Key Takeaway: Before terminating any employee due to absences, both the staffing agency and the employer should have investigated whether the absence was FMLA-qualifying. Their failure to do so violated the employee’s rights under FMLA and created legal liability.

If you want to learn how to handle difficult FMLA and ADA scenarios, join me in my next 2 Day FMLA/ADA Certificate Program:

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