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Commissioned & Maternity Leave Utah

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  • Commissioned & Maternity Leave Utah

    I am a commissioned only sales agent and I am planning my maternity leave. My thought was, I would be able to take my normal 6 weeks off and then work part time for 2 months. Since I'm commission only and other agents have worked part time to go to school, why not me? But my boss is telling me that there isn't room for part time in the office. I thought being commissioned only gave me more flexiblity with my schedule. Can he require a 40 hour work week? Can he refuse my 2 month part time status?

  • #2
    Yes and yes. No law says that being commissioned means you can arrange your schedule to suit yourself.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      1099 and Maternity Leave in Utah

      I am 1099 and am planning my maternity leave. I would like to take 8 weeks for leave and then take an additional 8 weeks to work part time. Other 1099 agents have worked part time to go to school and earn their degree. My boss is denying me my part time status. Can he do this if I'm 1099? Can he require I work 40 hours if I'm 1099? Can he deny me part time if he's allowed others in the past?

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      • #4
        If you are an independent contractor (1099) then labor laws do not apply to you and it depends entirely on what your contract says. It would have been nice to have that information in your intial post.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Just a thought, but not all workers classified as independant contractors were legally classified.

          http://payroll-taxes.com/articles/em...ontractor.html

          http://www.dol.gov/esa/regs/compliance/whd/whdfs13.pdf
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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