If I’m employed by a temp agency, do I qualify for any paid time off as per either federal or state law?

UPDATED: Jun 9, 2011

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If I’m employed by a temp agency, do I qualify for any paid time off as per either federal or state law?

Since economic times are tough, I work as a consultant at various companies. Basically, I work wherever a temp agency can find me work and I get paid by the agency, not by the companies they send me to. I’ve been with the temp agency for a little over a year, work full-time at every location they have sent me to, and have never been unemployed between each assignment. My baby is due at the end of the year. Do I qualify for Paid Family Leave, Pregnancy Disability Leave, and/or California State Disability Insurance? If I do, what do I do?

Asked on June 9, 2011 under Employment Labor Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the thing: you are not really "employed" by the temporary agency; they get you temporary work with other people.  You need to check what insurance, if any, you carry both on your own and through the temporary agency.  I am guessing, though, that there is none through the agency.  I do believe that temporary employees can receive unemployment if they are not unemployed through no fault of their own and they are ready, willing and able to work.  I do not think that you want that option here.  Check your pay stub.  Was anything taken out for disability funded benefits?  I think you need to speak with someone in the area who can look at your pay stub, etc., and let you know what your options are.  Good luck. 

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