Contract/Employee Rights contract lapsed

[chuckw]

I work for a contract agency as an Information Technology contract/employee. I was placed at a large Banking institution. I work with a group of regular bank employees. I am constantly told by the group supervisor that I am a contractor there for you are held to a higher standard of work performance and can not take time off unless it is explicitly approved by him self. The other employees come and go as they please. I am told that I must attend employee staff meetings, employee events, basically perform all duties and required action as the employees but I do not receive any of the same benefits. I was told a year and a half ago that I would be converted to a regular full time employee after 3 to 6 months. This never happened do to various reasons, budget hiring freezes etc. My contract with the employment agency has not been renewed or signed by myself for over a year. I was informed by my supervisor at the bank that I have just been extended. What are my rights do I have to work under his critical thumb, with out being able to take a day off unless I am on my death bed and then have to explain why over and over. I don’t receive sick or vacation time. I need my job any ideals.

 

[cbg]

Unless your contract has some provisions in it that he's violating, I'm not sure what you can do. Neither sick time nor vacation time is a protected right; they are benefits that are offered at the employer's choice.

It is legal for the employer to have different standards for employees than for contractors. If he does not permit vacation or sick time for ANY contractors, that's legal.

 

[Beth3]

If I understand correctly, you're an employee of an contract/temp agency on a long-term placement at a bank.

The employer is under no obligation to offer you the same conditions and terms of employment as their own hires, with a few exceptions for FMLA and ADA where the law specifically addresses co-employer responsibilities. Those aren't at issue in your post so we won't go down that path.

Yes, your supervisor at the bank can be tougher on you and more critical than he would of other employees. It may not be fair but it's legal. And as you're not their employee, they don't have to provide you any benefits. As long as you're not being treated differently because of your membership in a protected class (your race, religion, age, gender, etc.), he can be as arbitrary as he wants.

If you don't like the work environment and a regular full-time job with them hasn't panned out, you are certainly free to look for other employment. You've already been there for 18 months and there don't appear to be any plan on the horizon to change your status so unless you still want to be a temp another 18 months from now, you really should start looking around.

 

[chuckw]

Let me rephrase, I believe I am not obligated to comply with the clients demands to get his permission for sick or vacation leave. My contract stats I must perform my job tasks assigned but in reference to work hours and time off I was wondering if he could enforce them. My contract was extended by the contract agency and the client but I never signed any extention.

 

[cbg]

Does your contract specifically say that you are entitled to vacation and sick time?

 

[Beth3]

I guess I'm not getting it. Are you saying you want to be able to take sick time and vacation time without notifying your client supervisor?

If I had a contract employee working in my area and he/she took off without notice, I would be none too happy. While you can't predict when you're going to be sick, I would still expect a call that morning to let me know you weren't going to be in. And I would expect you to clear vacation time with me, or at the very least advise me of your plans well in advance, so I could make the necessary plans to allow for your absence from work.

The client is paying the bill which in turn pays your wages. I don't see that the request that the client is making is unreasonable, although perhaps they could be nicer about things.

 

[chuckw]

“The contract states in section 7. Supervision.
The contract employee agrees to work those hours required to complete the contract assignment as determined by the customer. If the contract employee can not worked the scheduled hours due to illness or otherwise, the contract employee shall contact the customer to describe the circumstances from working the required hours. “

Thats it on hours.
I am not asking for paid time off just time off. When there is no required work load for my self.

 

[chuckw]

In addition. to last Reply I agree fully that it is my responsibility as a contractor or employee to give my employer the curtsy to inform her/him of my time off. That is not the issue. They area stating I can not take time off.

 

[Beth3]

Okay, so let me try and see if I understand this.

You believe your contract calls for no time off whatsoever for "recreational" purposes or if you're ill. After 18 months (during which I presume you took no sick or personal time), you'd like some time off.

Have you asked your supervising contact at the agency about this? It's a perfectly reasonable request to ask for a week or two of vacation it you continue on with this assignment, even if the time is unpaid.

 

[chuckw]

Sorry my spelling and grammar seems to be a bit poor today.
Yes I believe it does state I can take time off, as stated above in section 7. It is the client I am working for stating that I can’t. I believe I am entitled. I just don’t want the client to have reason for terminating the contract when I inform him of my time off in advance. My contract agency just gives me vag answers like what ever the client wants.

 

[Beth3]

If the agency won't go to bat for you, then I have a feeling you're stuck. It is perfectly reasonable for you to request some vacation time (even if upaid) but there is absolutely no law that requires employers to provide paid or unpaid vacation, nor anything that would require the bank to offer you the same working conditions and terms of employment that they offer to their direct hire employees.

The terms of your contract with the agency don't guarantee you any time off and I presume any contract that exists between the agency and the client likely doesn't address the matter at all.

I think your only option here is to go to your supervisor at the bank and tell him that you have been working 18 months with no time off and you're anticipating taking some vacation time this summer and would like to work out the scheduling details with him so that there is as little disruption to his department as possible. Hopefully he'll see that as a reasonable request. If not, then your options are to skip the vacation time or find another job.