Does FMLA cover contract workers?

PotomacSt · February 2012

I'm not one, but I was curious. A friend just announced her pregnancy and she's due in October. She's currently in the first year of a two-year teaching contract for a university. Her academic department is very small and they needed someone to fill in when a tenured prof became ill and while they work on replacing him.

I know that for workers who are not full-time, FMLA covers you as long as you have been there 1 year and worked at least X-number of hours. But does that apply to contract workers? Could they just cancel her contract for the second year when they find out she's pregnant?

I know it's not my problem, but she's not financial/legal minded like I am, and I'm worried she hasn't even thought of this and will think everything's great until she suddenly finds out she has no job

BitsKD13 · February 2012

It might depend on the state. All states have a FMLA but they do not all work exactly the same.

Becky19 · February 2012

FMLA defines an employee as

(1) The term ?employee? means any individual employed by an employer.

For your friend, it depends if she is classified as an independent contractor or an employee. If she is the former, then no, she is probably not entitled to FMLA.

sbost0118 · February 2012

I'm a contractor employed to a client through a contracting firm. My qualifications for FMLA are dependent upon my standing with my contracting firm, not the client I actually work for.

In my case, my firm would have to meet the FMLA requirements (having enough employees, etc..) plus I have to meet the reqs - been there for 1 year etc.. In no situation does the client have to hold my spot for me if I'm not available to work. My firm might keep me on if there's a position for me with any client when I get back, but if I get back and there's no contract available I won't be employed. I am technically an employee of the contracting firm. If I was a truly independent contractor, I would be considered self-employed.

Right now, my client is choosing to hold my spot and bring me back when my leave is over, but they are under no obligation. There's always the chance they decide they can live without me while I'm away.

noycela · February 2012

Becky19:
FMLA defines an employee as
(1) The term ?employee? means any individual employed by an employer.

For your friend, it depends if she is classified as an independent contractor or an employee. If she is the former, then no, she is probably not entitled to FMLA.

This. But aside from FMLA (a federal law), each state may have different legal requirements and each company has their own policies.

mrs+harlow · February 2012

It depends on what you mean by contractual employee. If she is considered an " independent contractor", then technically she is considered self-employed, so no FMLA would not usually apply.

If she signed some sort of contract with the employer in regards to her temporary employment, I am sure extended sick leave/ maternity leave are spelled out in the contract.

heidilyn22 · February 2012

BitsKD13:

It might depend on the state. All states have a FMLA but they do not all work exactly the same.

FMLA is a federal law. All states must follow it the same. Most states have their own maternity or family leave laws as well, but FMLA wouldn't change because of them. Usually, the most beneficial one to the employee is what the employer must go by.

jsillyfun · February 2012

She may be entitled to state disability, though. Would probably be for only 6 wks, but at least it's something.

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