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Time limit for Temporary status Ohio

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  • Time limit for Temporary status Ohio

    Is there a time limit for temporary employees to become permanent and receive benefits? Is it legal to not pay shift differential to temporary employees when offered to permanent employees?

  • #2
    Is there a time limit for temporary employees to become permanent and receive benefits? No.

    Is it legal to not pay shift differential to temporary employees when offered to permanent employees? . Yes. Shift differential is a company benefit and temporary employees typically are not eligible for benefits.

    If your current employer isn't interested in hiring you as a regular employee, your option is to find new employment elsewhere.


    • #3
      Agreed with Beth3. There is nothing in the law that defines this. Past that, companies can have internal policies that address this, and their benefit plans can define when a temp becomes permanent for the purpose of benefits. Your best bet to find the answer for this is to ask the HR dept. of the company you're temping at.


      • #4
        All benefits are not the same. There is no law requiring that employers offer ERISA level benefits (such as 401(k) or medical coverage), but if the employer chooses to do so, then the ERISA law requires that the employer have a formal written plan and that the employer follow that plan to the letter. So in the case of any ERISA level benefits only, when you talk to HR, ask to see the SPD (summary plan documents) for the ERISA benefits and then you need to read the SPDs. The ERISA law requires that the employer makes the SPD available to any employee who asks, even temporary employees.

        If we are talking about any other type of benefit, then ERISA is not involved and all of those ERISA benefit rules are not involved. The other benefits may or may not effect you, but this is solely a function of the exact wording of the benefit program, state law (if any), and maybe how good a lawyer you can find.

        Regarding compensation issues such as shift differential, there is no external law requiring the payment. I will not say that treating you differently from other employees is always legal, but I will say that there has to be Title VII or a really badly drawn up compensation policy for any questions of law to arise. This is not normally an issue that the law cares about. It is very easy to handle "no shift diff for temps" in a legal manner, but some employers can mess up pretty much anything.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        • #5
          thanks for the replies. This company hires it's employees as temps and we sign a 90 day probation agreement. Within that 90-days, you can be let go at will just as if you were working through a temp agency, but with most temp agencies you have a set time-frame where the company agrees to hire you after 90-180 day probation period. Well, this company leaves people in temporary status indefinitely and hires people with no real rhyme or reason at different time frames. Some people have been temps for over 4 years and are good workers with good rating and no problems with tardies or time off. Others, such as me have excellent ratings and were skipped over for hire after two years and a person with one year at the same rating as I was just hired. Another person with only 4 months experience was hired on when the company was not even hiring at all. These unexplainable discrepancies is the main issue here and having no time off benefits is an undo-hardship for some. If you have kids that get sick, you have no choice but to take time off or go into work late. Full time employees have a set amount of paid time off that can be used to cover for this but temp employees have to take it unpaid and also get hit with company policy for these issues. Permanent employees do not have to worry about this until there set time off has been used, so they essentially can miss 3-times as much as a temp and not be terminated. If it was a 90 to 180 day period I could understand, but I feel that asking employees to work for 2-4 years without benefits is not right. I just did not know if it was illegal.


          • #6
            If we are talking years as a temp, then it *could* be an ERISA violation. There was a big case involving Microsoft on this very issue a few years back. The courts found that employers could not designate employees as temps indefinately with the intent of denying benefits. If it is based on funding, duties, performance, or other business reasons, it is legal. If it is based in a desire to hamper entitlement to benefits for which the employee would otherwise be qualified, then it is not.

            Note that there is no magic amount of tenure that states how long is too long. There is also no requirement that every class of employee be offered benefits. It would be legal for example, though not wise, to only offer benefits to employees in certain pay grades provided that the plan is written that way. The benefits requirement is as DAW pointed out, limited to ERISA plans and not perks like time off or higher rates of pay.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.