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Question: Do temporary employees hired through an agency apply when counting to determine if an employer is covered under the Family and Medical Leave Act (FMLA)?

Answer: Temporary agencies and client companies can be considered joint employers when determining whether an employer has 50 or more employees for the purpose of applicability of the Family and Medical Leave Act (FMLA) to an organization. Further, if there is a continuing employment relationship, employers should count temporary employees when determining whether they have 50 or more employees under the law. Additionally, any time worked under an agency for the employer is considered as added time worked towards eligibility requirements once employed by the employer.