If I understand what I am reading correctly, the months worked by a temporary employee do count towards their FMLA "12 months working for an employer", but the hours worked as a temp do not. Is that correct?
Posted by sbnonprof

From SHRM: "FMLA: Eligibility: Does time spent as a temporary employee count toward FMLA leave eligibility?  9/23/2010      Yes, time spent previously working for the organization as a temporary employee counts toward FMLA leave eligibility. Regardless of whether the employment arrangement involves a staffing firm, leasing agency or similar, or the temp is directly employed and is on an employer’s payroll, this time counts toward FMLA leave eligibility. However, any breaks in service lasting seven years or longer do not count toward the 12-month eligibility requirement. A temporary or leasing agency is also responsible for providing FMLA leave for a temp who works for it for 12 months and 1,250 hours, even if the individual’s employment consists of staffing services for multiple clients at varying lengths. If the total duration of time spent working for the staffing firm itself is at least 12 months and 1,250 hours, then the staffing firm is obligated to extend FMLA rights. Temporary agencies and client companies can also be considered joint employers when determining whether an employer has 50 or more employees for the purpose of applicability of the FMLA to an organization. The nature of the relationship and whether joint employment exists should be examined (see http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.106.htm ). Further, if there is a continuing employment relationship, employers should count temporary employees when determining whether they have 50 or more employees" So if it is through an temp ee agency, the agency would be responsible for the FMLA leave. But if it is a temporary employee not through an agency and they have worked more than 12 months, you do need to look at how many hours they have worked for the employer. You must track the hours worked for multiple purposes. I know you asked about FMLA, but a lot of employers limit how many total hours can be worked as a "temp" before the person must either be turned into a "permanent" employee OR the relationship is terminated. You need to check ALL your benefits plans to see how temporary employees are defined AND there are some ERISA plans like your 401k that MUST make temps eligible at a certain point based on the laws.
Posted by rrupert

Howard, That was a quote directly from the SHRM article..... I know the DOL rearranged some of the FMLA regulations on their website a few months or so ago probably after the article was written , but it would still be under Section 825.106  since that hasn't changed since this article from SHRM...so it could be googled by typing "FMLA 825.106. Here is a direct link to that section : http://edocket.access.gpo.gov/cfr_2010/julqtr/pdf/29cfr825.106.pdf
Posted by rrupert