Temporary Worker Wants Benefits??

njjel

[font size="1" color="#FF0000"]LAST EDITED ON 01-15-03 AT 08:28AM (CST)[/font][p]We have an temporary employee (not from an agency) who has been filling in for an employee who is out on disability. This employee has now been employed with no benefits for 7 months on a full time basis. The employee who is out on disability may not be back for another 5 months. Does the employee working in her stead have a right to request benefits? (I have my own opinion on this but want to hear from you all.)

scantey

What classifies them as a temporary employee? I have always been under the understanding that in order to remain "temporary" without offering benefits that they had to be on an agreement limiting them to 6 months of employment or under 1000 actual hours worked. What is your policy for benefits in relation to the other empoloyees? I think they could have a discrimenation case if they are not offered the same benefits that the rest of the employees are offered. I have the same thing going on here so any other feedback out there will be appreciated.

Theresa Gegen TX

As far as medical and other ERISA governed benefits, you need to look at the actual plan and see who is eligible. A lot of times, those plans make an employee eligible if the employee has worked full time for over 90 days (or something like that). In which case, she should already have been enrolled.

If the plan says that she is in the class of eligible employees, then she get the benefits.

As far as non-erisa benefits (like vaction), look at your company policies. What do they say?

Good Luck!

njjel

That is just the problem. We have no written policy on benefits for those in administration (where she is working)other than what the insurance policy states which is "full time employees are eligible for benefits the first of the month after the first 30 days of employment. She IS working full time hours, but is not considered a regular full time employee because she is taking the place temporarily of someone who will be returning from disability (we think!). If anyone else can give advice on this subject I'd appreciat it.

Crout

Are you in Jersey, or PA? In PA there is no "right" to benefits, unless you work under a labor contract. If she was hired with the understanding that her position was temporary, I don't see where she has any sort of claim.

njjel

We are in NJ and yes she was hired with the understanding that it was w/o benefits due to the temporary nature. However, the six months she was hired for has passed and she was placed on month to month employment. I'm just wondering where we're at with this.

Crout

[font size="1" color="#FF0000"]LAST EDITED ON 01-17-03 AT 01:40PM (CST)[/font][p]I think you have nothing to worry about. There is simply no guarantee for benefits, and it's not like your actions were discriminatory. Reiterate what she already knows: that she was hired for a temporary position that had no benefits attached to it. If she doesn't like that situation she if free to pursue employment elsewhere.