Is an employee who is recruited by a staffing agency required to abide by our sick leave policy or is it the staffing agency that has the right to issue a sick day leave policy for its temp employee?

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Is an employee who is recruited by a staffing agency required to abide by our sick leave policy or is it the staffing agency that has the right to issue a sick day leave policy for its temp employee?

I want to issue a cap on how many sick days a temp employee can use in a calendar year.

Asked on April 24, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You have the right to set your own policy about maximum days he can be out sick, accrual of sick time, etc. If he is out too much, you can terminate his employment with you--he can still work for the staffing agency and they can place him elsewhere, but that is his and their concern, not yours. You are not required to pay for someone who is out or misses work more than you deem acceptable: you can tell the staffing agency that you are done with him, if he exceeds your policies and parameters. Remember: empoyment is "employment at will": you do not have to employ people who violate your policies.


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