The 13 Temporary Employee Rights & Benefits You Need to Know

January 14, 2020 | Staffing Blog

On occasion, employers such as yourselves may find it necessary to take on a temporary employee for a time. Temporary employment refers to the hiring of a staff member that will only last for the span of a year or less with a defined expiration date.

You may choose to do so in order to accomplish a project that requires extra hands, meet seasonal needs, or cover an employee that is on a temporary leave. If this is the case, you will want to be sure that you are informed on exactly what a temporary employee’s rights and benefits standardly entail.

Temporary Employee Rights, Rules & Benefits

1. They are eligible to earn leave, which will be covered by Social Security and unemployment. Employers are not usually required to provide for temporary employees on leave, but some temps may qualify for protection under the Family Medical Leave Act. This is a law that offers assistance to those caring for an ill spouse, parent or child. In this case, employers who have not received the employee through an agency will usually be required to cover the employee’s leave through the FMLA regulations.
2. They can purchase health insurance once they have completed one year of temporary service.
3. They may be eligible for medical and retirement benefits through their employment agency.
4. They are not able to receive coverage under the Federal Government Life Insurance program or the Federal Employees Retirement System.
5. They do receive the same right and protections as regular staff members under the Fair Labor Standards Act, which regulates minimum wage, overtime compensation, child labor and record keeping.
6. They do receive protection against harassment and discrimination.
7. The Occupational Safety and Health Act requires employers to maintain safe and healthy work environments for every single one of their employees. You will be responsible for violations if conditions are deemed as unsafe under the OSHAct.
8. They do usually qualify for unemployment benefits unless they typically take seasonal jobs, which disqualifies them from protection.
9. Even if you are only hiring temporary employees, your company is still required to carry workers’ compensation insurance.
10. If you hire an independent contractor, you are exempt from paying benefits and withholding taxes. Yet, if the employee earns 600 dollars or more, it must be reported to the IRS.
11. The tax laws that apply to full-time and part-time employees regarding withholding are also valid for temporary and seasonal workers. These withholdings include Social Security and Medicare, and employers will need to match the amount as they would for permanent staff members.
12. If they are hurt at work, they are generally eligible to receive workers’ compensation through their temp agency.
13. If they are disabled, the staffing firm (as their prospective employer) is the only one obligated to provide appropriate accommodations during the application process. If both you and the staffing firm are joint employers of the individual, both will be responsible for providing appropriate accommodation. For more information on disability discrimination, you can look here.

How Hiring Through A Staffing Agency Protects You

A good staffing agency will have rules set in their contract ensuring your safety when it comes to unforeseen expenses that may occur from hiring on one of the temporary employees.

For example, Allegiance Staffing has a 3-Phase Hiring Process that helps to avoid injuries and lawsuits from less-qualified staff, as well as keeping their future employees safe as they perform the tasks you require. This process involves extensive verification ensuring that the employee has enough experience and safety certifications to work safely in your environment. This has resulted in a low incident rate of 11 per 200,000 working hours.

For more information about hiring temporary employees, and the rights and benefits they should receive, contact us here.