Normally a worker is hired as a temporary employee when the position offered to the worker is temporary or of limited duration, but there is no set time limit for temporary employees to remain on an employer’s payroll. However, both company policy and labor law can dictate when a temporary employee may be eligible for the types of benefits an employer provides its permanent employees. “”1000-hour rule” – this is a requirement under the federal pension and benefits protection law known as ERISA – it requires that if an employee works at least 1000 hours in a 12-month period, and if the company has some kind of pension or retirement benefit plan, the company must give that employee the chance to participate in the plan – that rule does not apply to other types of benefits, though”
As you know, I’m not a lawyer and do not provide legal opinions. I’m your messenger. My ability to find information that is directly responsive to legal and regulatory questions is limited to referencing documents published by the government or other sources. Regards on this matter, it depends on the fringe benefits company provides to their permanent employees or the company policies with respect to those benefits or temporary hiring, but to clarify when a company needs to treat temporary employees as permanent employees for labor law purposes, the employer should consult a local labor lawyer for advice and assistance with labor law compliance matters, or referral to a labor lawyer if necessary. Let me know if you need an A rated law firm reviewed by www.martindale.com.
