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Family and Medical Leave Act Advisor

Employee Reinstatement - Joint Employment

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:

  • Accepting the employee returning from FMLA leave in place of any replacement employee if the secondary employer continued to utilize an employee from the temporary placement agency, and the agency chooses to place the employee with the secondary employer; and
  • Compliance with the prohibited acts provisions regarding its jointly employed employees, whether or not the secondary employer is covered by the FMLA.

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: ยง 825.106