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temporary vs. regular (permanent)
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temporary vs. regular (permanent)
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I am in a debate with one of our managers about the status of a clerk. The clerk was originally hired as a part time employee (less that 30 hours a week), but along the way her hours increased due to
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temporary vs. regular (permanent)
posted at 9/29/2010 11:33 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
I am in a debate with one of our managers about the status of a clerk. The clerk was originally hired as a part time employee (less that 30 hours a week), but along the way her hours increased due to the temporary increase in funds that temporarily increased the work load of the department she works in. That temporary increase will be ending soon; however, the managers tells me the clerks hours will remain above 30 per week because she can be paid out of two other programs that have recently created additional work. I believe this is stretching the definition of "temporary increase in duties". Another piece of the argument being offered is that the clerk was brought in at a higher per hour rate because there were not benefits attached and the original position is not budgeted for that rate PLUS benefits.
I am not comfortable with how this arrangement is being manipulated and would like to support my side of the debate with some law or regulation - can't put my eyes on anything quickly. Or, am I just imagining that there is something (besides our own policies) that impacts these decisions? |
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temporary vs. regular (permanent)
posted at 9/29/2010 4:26 PM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
The first thing you should check is the Summary Plan Description of your health and welfare plans. There will be a definition of who is eligible and who is not. If it states that employees who work more than 30 hours per week are eligible, you've got your case made (except that you're probably liable for not having provided the benefits in the first place). If it says only those who work 40 hours per week or more are eligible, then you're probably out of luck on this one.
Yes, the system is being manipulated. But is it really your job to be corporate cop? If the manager's boss is OK with it, then (barring the circumstance described above) you're probably just going to have to live with it. |
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