Do FMLA/CFRA laws apply to temporary employees?

Yes, as long as they meet the employee eligibility requirements, and you are an employer covered by the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). All employees are eligible in the same manner for FMLA and CFRA leaves, regardless of whether they were hired as a temporary or regular employee.

Practically speaking, a temporary employee may have more difficulty meeting FMLA/CFRA eligibility requirements. An employee is eligible for FMLA/CFRA leave if they have worked at least 1,250 hours for that employer in the 12 months prior to leave, and have been employed by the covered employer for at least 12 months.

The employee also must work at a worksite with 50 or more employees for FMLA, either on the same premises or within 75 road-miles of the worksite.

The required 12 months of employment need not be 12 consecutive months. For purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months," 52 total weeks is deemed to be equal to 12 months.

Keep accurate payroll records of all hours worked by temporary and regular employees in order to establish eligibility for FMLA and CFRA.

Read more about CFRA and FMLA Employer Coverage in the HR Library.

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