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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I have a temporary employee that has been working full time

Resolved Question:

I have a "temporary" employee that has been working full time at our office for 2 years. She does not receive health benefits. I don't think we can legally do this if she is working full time. Is this correct?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer.

Actually, employers are not required to give full time employees health benefits, so you can legally not give the employee health benefits.
Customer: replied 3 years ago.

To clarify; she is not really a temporary employee. She is paid directly from our company; not through an agency. All other personnel in her department are full time and receive full benefits. Can you really selectively offer benefits? She is full time and our HR department has left her classified as a temporary employee despite her working full time for two years. I have a hard time believeing we can selectivly offer benefits to the same employees. Also on her pay stub it shows that she has built up Paid Time off which she isn't suppose to be getting so it appears our HR department as made a mistake on that too.

 

So I think you needed some additional ifo to make that call. Mike

Expert:  Joseph replied 3 years ago.

Hello Mike,

 

If you have a company policy that all full-time employees are to receive health benefits, then you would be required to give the employee health benefits.

 

However, if you do not have a policy that every full time employee recieve health benefits then you are not required to give the employee health benefits, even though all other full time employees receive health benefits.

Joseph, Lawyer
Satisfied Customers: 4871
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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