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There is no specific time limit on how long a worker may be classified as “temporary.” However, if temporary employees have been performing the same job duties as regular full-time employees for an extended period but are ineligible for the benefits those other employees receive, their employer could face liability.
Two court decisions have indicated that, without careful planning on your part, temporary and leased employees can become eligible for employee benefits.
Although neither case offers a clear time limit for employing temporary workers, they still offer some guidance for California businesses.
First, temporary workers should not perform the same duties as regular full-time employees on an indefinite basis. Employers should establish policies limiting the duration of employment of temporary workers and specifically defining the scope of their job duties.
Additionally, if business necessity requires an employer to retain temporary workers for an extended period, it should consider changing their status to “regular, full-time” and making them eligible for benefits.
Read more about “Benefits and Temporary Workers” on Non-Direct Hires in the HR Library.