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W2 Contractor - California

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  • W2 Contractor - California

    Hello,

    Unfortunately, I was laid off from my fulltime job in February, so I'm beginning my job search. My husband and I were TTC when I was employed, but it is on hold presently. I am looking for a fulltime/permanent position, but in my industry (IT), there are a number of W2 contracting positions that need to be filled, with a higher rate of placement. If I were to become a W2 contractor, what if any, maternity leave/disability would I be able to claim?

    If I understand FMLA/CFRA correctly, I would not be protected under FMLA or CFRA unless I was previously employed through the agency for 12 months.

    Would I be eligible to claim California State Disability Insurance or Paid Family Leave Insurance? As a W2 contractor, would I need to elect to participate in the State Disability Insurance Elective Coverage Program? Is a W2 contractor considered "self-employed"?

    Thanks very much in advance for your help. I just want to prepare the best I can.
    CJ

  • #2
    We need to clarify something here.

    There are employees, and there are contractors. Employees get a W-2 at the end of the year; contractors get a 1099 at the end of the year. The two do not meet; you are either one or the other. An employee with an employment contract is still an employee. A contractor is essentially self-employed who has the company as a client. There are statutory definitions determining who is an employee and who is a contractor; it's not a matter of choice or even semantics. Employee is the default; you are an employee until or unless the employer is able to prove that you are not. There is no such thing as a W-2 contractor; if you're getting a W-2, you're an employee, EVEN IF you have a contract of employment and EVEN IF the position is short term.

    With that in mind, are you asking about employment opportunities, or contracting opportunies?
    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.

    Comment


    • #3
      As I was doing more research/reading, I realized my terminology was mixed up as you stated, cbg.

      Many of the positions are W2 short-term (10 months to 1 year) employment positions through an IT staffing agency, where are I would be placed on contract with a client. Effectively, I would become an employee of the agency until the contract is up. I am not looking for 1099/independent contracting opportunities.

      Thanks!
      CJ

      Comment


      • #4
        For a ten month assignment, you would only be entitled to whatever the company chooses to grant as far as maternity or disability leave. Yoiu can find the details about PFL and SDI here http://www.edd.ca.gov/Disability/
        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.

        Comment


        • #5
          In Ca. if your employer has at least 5 employees, you can get up to 4 mos. of PDL (pregnancy disability leave) for childbearing & pregnancy related disability. This is job protected leave. It doesn't matter how many hrs. you worked, how long you worked for employer or if you are part-time.

          SDI is income while off on this disability leave.

          You would have to work for your employer for at least 12 mos. (do not have to be consecutive) for FMLA/CFRA to apply - there are other requirements that must be met also for FMLA/CFRA. (worked at least 1250 hrs. for employer in the 12 mos. immediately preceding the leave & work at a location where employer has at least 50 or more employees within a 75 mi. radius of the employee's work site)

          PFL is income you can get when out for "baby bonding" leave. It doesn't guarantee leave & isn't job protected leave. It's just income. (An employee could have job protection though when out for baby bonding when CFRA applies.)

          PS I didn't post this originally since you were asking about pregnancy but decided to add it. PFL besides for baby bonding income also pays an income when taking off to care for certain family members with a serious health condition.
          Last edited by Betty3; 03-01-2012, 02:34 PM. Reason: add PS/info
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            If you were working through a staffing agency, you would be their employee and any benefits would be through them.
            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.

            Comment


            • #7
              Agree, they would be your employer.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Ayan Prince, I seriously doubt the OP is still hanging around here after three whole years of no contact.

                Comment


                • #9
                  This was "seed" spam. IP address was a previously reported spam source.

                  Closing thread.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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