Tag: temporary employee

Question: What is the waiting period requirement for benefits after hiring a long-term temporary agency worker as a regular employee? Answer: A temporary agency employee is not an employee of the contracting company; he or she is employed by the agency and would be subject to the agency’s compensation and benefits policies as an employee…

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…

Question: If we have a temporary employee in California who becomes pregnant, are we required to provide Pregnancy Disability Leave (PDL) even if she has only worked a few months? Answer: Yes, assuming this temporary employee is employed directly by you and not through a staffing agency. If the temporary employee is employed through a…

Question: If an employee worked for us as a temporary employee through an agency, does the temp time count as time worked under the Family and Medical Leave Act (FMLA)? Answer: According to the Department of Labor, the time worked as a temporary employee does indeed count toward the 12-month service and 1,250 hour requirement.

Question:  Does an employer need to provide temporary agency employees with a letter clearly stating that the position is temporary so as not to have the temporary agency employee think that the job is with the contracting company? Answer: Typically the temporary agency will ensure that their employees know the position they are filling is…

Real question and answer from the hotline: Question:  Can we replace an employee on an approved leave of absence with a temporary employee who is now doing the job (the temporary employee is doing a better job)? Answer:  Given the fact that you have placed the employee on an approved Family and Medical Leave Act…