Employee Reinstatement -
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 Reinstatement Limitations, or Return to Employer Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.106
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