An employer may be either the primary employer or the secondary employer in a joint employment relationship, and this designation affects what each employer's responsibility is related to employee reinstatement after FMLA leave. For more information in determining whether a joint employment relationship exists, see Joint Employment and Successor in Interest.
In joint employment situations, job restoration is the primary responsibility of the primary employer. The primary employer is also responsible for giving required notices to its employees, providing the FMLA leave, and maintaining health benefits. The secondary employer is responsible for:
Continue to Enforcement of the FMLA or Return to Employee Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.106
Career & Internships | Contact Us
200 Constitution Ave. NW
Washington DC 20210
ABOUT THE SITE