A. Generally, most of the responsibility will lie with the temporary agency. As the primary employer, it is the agency’s responsibility to send all required notices to the employee, provide leave, and continue the health insurance if applicable. However, the duty to restore the employee to a same or equivalent job falls under both the customer and the agency. If the customer has continued to utilize temporary employees in a same or similar position at time of return to work, the agency must restore that job to the employee, even if that means ending another employee’s assignment and re-filling with the employee returning from leave. The customer’s responsibility as the secondary employer is that they must accept the employee back. However, if there is a legitimate business reason why the customer no longer needs the services of temporary employees then it becomes the agency’s responsibility to find another equivalent job with another customer.

One thing to consider is that by hiring temporary employees on a regular basis, you may be affecting your employee headcount in determining if you are a covered employer. Employers with 50+ employees must comply with FMLA regulations.