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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption