Eddy’s HR Mavericks Encyclopedia
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Temporary Employee
Many workplaces rely on temporary employees for gap coverage or additional labor. For those of us in HR, there are some important considerations when dealing with temporary workers. Read on to learn more.
What Is a Temporary Employee?
A temporary employee (also called a “contingent,” “on call,” “per diem” or “as needed” employee) is a worker hired on a temporary basis, usually of a short-term duration that is often pre-determined. Temporary employees are not generally eligible for benefits like health insurance, retirement contributions, paid time off, etc., other than what is required on a state-by-state basis. Learn how Eddy can help you hire the right temporary employee
Temporary Workers vs Independent Contractors
While temporary workers don’t stay with your company permanently, they’re still considered employees, which means that they’re entitled to many of the legal protections given to employees. In addition, your business is responsible for managing their performance and setting requirements for how they work. Temporary workers usually work at the company’s location and use its equipment. Companies pay payroll taxes for temporary employees and send them a W-2 form. They’re often paid hourly, but some may be paid a salary. Independent contractors are not your employees—they are self-employed. Rather than hiring them, you simply enter into a contractual partnership with them. Contract workers are often paid a flat fee, but can also be paid hourly. Instead of being managed on a daily basis, contract workers are evaluated based on the work they produce—the final product/outcome.
Why Should You Hire a Temporary Employee?
There are myriad reasons companies might choose to hire temporary employees, but the general logic is that they need short-term work, and employers don’t need or want the financial burden of hiring permanent workers. Some of the most common reasons for hiring temporary employees are:
- Time. Temporary employees are a great way to get work done in a tight timeframe, especially if using a staffing firm. This eliminates the burden of the hiring process and ensures less disruption of work.
- Money. Fringe benefits (health insurance, etc.) average around 30% in addition to salary/pay. Temporary employees eliminate that extra cost, as well as any cost associated with time and effort on hiring, training, onboarding, etc. that a company would normally spend on a permanent worker.
- Accommodate changing business needs. Some businesses have cyclical or varying hiring needs that make it difficult to predict staffing up or down as needed. Temporary employees allow these types of businesses to meet work objectives without carrying a higher-than-needed, on average, workforce (which, in turn, reduces both time and money, as previously mentioned).
Best Practices for Employing a Temporary Employee
Many best practices apply to all employees, regardless of temporary or permanent status. However, consider the following best practices when employing temporary workers.
Set Clear Parameters
Temporary work, by nature, is just that: temporary. When a temporary worker is hired, it’s important to set an end date so that all parties are clear on the terms of the arrangement and to ensure that there is no implied guarantee of continued work. You should also spell out the rate of pay, work schedule, work expectations, etc. so there is no confusion. While employer obligations to temporary employees are different than their obligations to permanent ones, it behooves companies to set the arrangement up for success by erring on the side of caution. Don’t promise a temporary employee 40 hours of work only to find out you can only give them 20, for example.
Balance Integration and Boundaries
Many employers end up falling to one extreme or another — either they treat temporary workers like they barely exist, or they integrate them fully into the work environment. Neither of these is ideal. Instead, you should aim to welcome temporary workers into the company and make sure they are onboarded with regard to expectations, work culture, and key contacts. However, it’s also very important to refrain from treating temporary workers as permanent workers in order to avoid confusion and mixed messages or creating an impression that the employee might become permanent.
Legal Considerations
Temporary workers fall under employment policies and relevant labor laws, which means that if a temporary employee either experiences or commits discrimination, harassment, or violence, the employer is still liable for their behavior. Temporary employees should receive onboarding and training around company culture and policies, conduct expectations, dress code, etc.
Ending the Arrangement
Companies can dismiss temporary workers for misconduct or poor performance without following the same procedures as for permanent employees. However, employers should be careful if terminating a work agreement early without due cause, especially if the temporary worker falls into a Title VII protected class. This is why it’s critical to communicate the terms of the engagement very clearly.
Examples of Temporary Employees
Here are some common examples and types of temporary employees:
Gap Employees
Companies often use temporary workers to fill longer gaps in employment. For example, a regular staff member taking a leave of absence or a vacancy that has not been permanently filled yet might require that a company bring in a temporary employee to provide coverage until a permanent worker returns or is hired. Similarly, companies may bring on temporary employees to shoulder smaller or more administrative tasks temporarily in order to allow permanent employees to focus on higher-level work, or to assist in clearing backlogs of rote work like data entry.
On-Call/Per Diem
This type of work is commonly associated with the health care field, but it does occur in other industries as well. On-call workers are just as they sound—workers who have been pre-vetted using the company’s process and who are available as needed. Think of substitute teachers and other types of workers who might work when there is a call-out or other short-term gap in coverage.
Seasonal Workers
Many companies “staff up” using temporary workers during busy seasons, which vary based on industry. For retail, the end-of-year holidays are the busiest season, while in farming, the busy season might be summer.
Other Tips for Managing Your Temporary Employees
Below, you’ll find additional tips and consideration points for employing temporary workers.
Tip 1: Health Insurance Eligibility
For insurance purposes, the IRS defines full-time employment as 130 hours per month (30 hours per week) on average per month, which means that if you directly employ temporary workers (not via a staffing firm) on a full-time basis over an extended period, you must offer them insurance benefits. You should do a “look back” to see how many hours they’ve worked to determine if they should be offered insurance. You can learn more about full-time employees here.
Tip 2: The 1,000 Hour Rule
Employers who have retirement plans covered by ERISA (Employee Retirement Income Security Act) are required to allow direct temporary workers (not hired via staffing firm), including part-time workers, to participate in the company’s retirement plan after 1,000 hours worked in any 12-month period. You can learn more about the requirements here.
How to Hire a Temporary Employee
If you’re thinking of hiring a temporary worker (or several of them) the following steps will walk you through the process. While the ideas below follow the typical hiring process, there are a few things in particular that you’ll need to consider when hiring temporary employees.
Step 1: Decide What You Need
The first step to hiring a new temporary employee is assessing your company’s current needs. In the section “Examples of Temporary Employees,” this article went through three types of temporary employees: gap, on-call/per diem, and seasonal. Need to hire a gap employee to cover for an employee taking a medical leave of absence? Want extra help at the store during the holiday season? Trying to find an on-call physician to help out at the clinic? Whatever the situation, decide what type of temporary employee you want to hire so that you can make the job duties and requirements clear.
Step 2: Write a Job Description
Because you won’t have as much time to train temporary employees as you would permanent employees, it’s critical that you find people with the right skills and qualifications to do the job. Writing a comprehensive job description is the first step in identifying the right talent and catching their interest. The more detailed a job description is, the higher the chances that it attracts qualified applicants.As you write a job description for a temporary employee, here are a few things to include:
- Job title
- Job responsibilities
- Information about your business
- Required skills and experience
- How long the employment will last
Step 3: Find Candidates
Unless you’re using a staffing agency, the responsibility to find candidates falls on you. Below are some ideas for sourcing candidates.
- Post on a job board. Job boards like Indeed, ZipRecruiter, and LinkedIn are tried-and-true places to find candidates.
- Advertise on social media. With most people spending a significant amount of time on social media each day, it’s a great way to get your job in front of people.
- Ask for employee referrals. Your employees are your best source of talent! They each have their own network of friends, family members, and professional connections. Consider incentivizing employees to refer people they know to open roles—if you hire the referral, the employee gets a cash reward.
- Contact former temporary employees. If somebody worked for you before—and had a good experience—they might be interested in working for you again. Get in touch with former temporary employees to see if they’re willing to come back.
- Use an applicant tracking system (ATS). Applicant tracking systems often allow free posting to multiple job boards at once, which saves both time and money. They also provide tools to collect applications, automate communication, and store feedback on candidates. An ATS is a great way to stay organized and efficient during the hiring process.
Step 4: Screen and Interview Candidates
As you start to receive applications, you’ll sort out qualified candidates from unqualified ones using the information in their resume and cover letter. During this stage, you could also conduct brief phone interviews to better determine who you’re interested in learning more about. After narrowing down the list of candidates, conduct longer, in-person (or virtual) interviews to get more information about each person. While it’s important to get hiring right with temporary employees, avoid getting carried away and interviewing too many people. Interviewing candidates for temporary employment should not become a huge time investment.
Step 5: Make an Offer
Once you find the person you want to hire, it’s time to make them an offer! Write and send an offer letter that includes the details of the position, including the start and end dates. Also include compensation and the hours they’ll be expected to work. Once the candidate has signed the offer letter, you can move forward with onboarding.Remember to communicate with every candidate, even the ones who didn’t get the role. Sending rejection letters lets people move on with their job search more quickly, and it makes them more likely to apply to work for your company again in the future (and recommend that their friends apply).
Step 6: Comply With Legal Requirements
It’s important to make sure that you comply with legal requirements for temporary employees. While each state has its own requirements, the following list includes some standards to be aware of.
- Fair Labor Standards Act (FLSA). The Department of Labor provides additional guidance and information about how FLSA applies to temporary employees.
- Unemployment benefits. Generally, temporary workers don’t qualify for unemployment benefits. But because this varies, you should research the laws of your state.
- Non-disclosure agreement. Depending on what your business does, you might want to have temporary workers sign an NDA. This will prevent them from stealing your intellectual property.
- I-9 form. Verify if your new hire is eligible to work in the United States by having them fill out the I-9 form.
Topics
Tammi Burnett
Tammi has 8+ years of progressive HR experience in a variety of industries and settings, including nonprofit and higher education. She believes that doing HR well means being a true partner and collaborator with every part of an organization, and by saying "yes" to creative problem solving wherever and whenever possible (and legal). Her favorite work includes diversity, equity, inclusion, and belonging (DEIB); the how and why of hiring and retaining great people; helping to sustain an organizational culture of trust, empathy, and candor; and anything else that prompts employees to say they love where they work. In her free time, you can find her wandering outdoors, studying clinical herbalism, tinkering in the kitchen, dismantling the patriarchy and white supremacy, and hanging out with her cat, Emily Dickinson.
Frequently asked questions
Other Related Terms
Eddy’s HR Mavericks Encyclopedia
Temporary Employee
Many workplaces rely on temporary employees for gap coverage or additional labor. For those of us in HR, there are some important considerations when dealing with temporary workers. Read on to learn more.
What Is a Temporary Employee?
A temporary employee (also called a “contingent,” “on call,” “per diem” or “as needed” employee) is a worker hired on a temporary basis, usually of a short-term duration that is often pre-determined. Temporary employees are not generally eligible for benefits like health insurance, retirement contributions, paid time off, etc., other than what is required on a state-by-state basis. Learn how Eddy can help you hire the right temporary employee
Temporary Workers vs Independent Contractors
While temporary workers don’t stay with your company permanently, they’re still considered employees, which means that they’re entitled to many of the legal protections given to employees. In addition, your business is responsible for managing their performance and setting requirements for how they work. Temporary workers usually work at the company’s location and use its equipment. Companies pay payroll taxes for temporary employees and send them a W-2 form. They’re often paid hourly, but some may be paid a salary. Independent contractors are not your employees—they are self-employed. Rather than hiring them, you simply enter into a contractual partnership with them. Contract workers are often paid a flat fee, but can also be paid hourly. Instead of being managed on a daily basis, contract workers are evaluated based on the work they produce—the final product/outcome.
Why Should You Hire a Temporary Employee?
There are myriad reasons companies might choose to hire temporary employees, but the general logic is that they need short-term work, and employers don’t need or want the financial burden of hiring permanent workers. Some of the most common reasons for hiring temporary employees are:
- Time. Temporary employees are a great way to get work done in a tight timeframe, especially if using a staffing firm. This eliminates the burden of the hiring process and ensures less disruption of work.
- Money. Fringe benefits (health insurance, etc.) average around 30% in addition to salary/pay. Temporary employees eliminate that extra cost, as well as any cost associated with time and effort on hiring, training, onboarding, etc. that a company would normally spend on a permanent worker.
- Accommodate changing business needs. Some businesses have cyclical or varying hiring needs that make it difficult to predict staffing up or down as needed. Temporary employees allow these types of businesses to meet work objectives without carrying a higher-than-needed, on average, workforce (which, in turn, reduces both time and money, as previously mentioned).
Best Practices for Employing a Temporary Employee
Many best practices apply to all employees, regardless of temporary or permanent status. However, consider the following best practices when employing temporary workers.
Set Clear Parameters
Temporary work, by nature, is just that: temporary. When a temporary worker is hired, it’s important to set an end date so that all parties are clear on the terms of the arrangement and to ensure that there is no implied guarantee of continued work. You should also spell out the rate of pay, work schedule, work expectations, etc. so there is no confusion. While employer obligations to temporary employees are different than their obligations to permanent ones, it behooves companies to set the arrangement up for success by erring on the side of caution. Don’t promise a temporary employee 40 hours of work only to find out you can only give them 20, for example.
Balance Integration and Boundaries
Many employers end up falling to one extreme or another — either they treat temporary workers like they barely exist, or they integrate them fully into the work environment. Neither of these is ideal. Instead, you should aim to welcome temporary workers into the company and make sure they are onboarded with regard to expectations, work culture, and key contacts. However, it’s also very important to refrain from treating temporary workers as permanent workers in order to avoid confusion and mixed messages or creating an impression that the employee might become permanent.
Legal Considerations
Temporary workers fall under employment policies and relevant labor laws, which means that if a temporary employee either experiences or commits discrimination, harassment, or violence, the employer is still liable for their behavior. Temporary employees should receive onboarding and training around company culture and policies, conduct expectations, dress code, etc.
Ending the Arrangement
Companies can dismiss temporary workers for misconduct or poor performance without following the same procedures as for permanent employees. However, employers should be careful if terminating a work agreement early without due cause, especially if the temporary worker falls into a Title VII protected class. This is why it’s critical to communicate the terms of the engagement very clearly.
Examples of Temporary Employees
Here are some common examples and types of temporary employees:
Gap Employees
Companies often use temporary workers to fill longer gaps in employment. For example, a regular staff member taking a leave of absence or a vacancy that has not been permanently filled yet might require that a company bring in a temporary employee to provide coverage until a permanent worker returns or is hired. Similarly, companies may bring on temporary employees to shoulder smaller or more administrative tasks temporarily in order to allow permanent employees to focus on higher-level work, or to assist in clearing backlogs of rote work like data entry.
On-Call/Per Diem
This type of work is commonly associated with the health care field, but it does occur in other industries as well. On-call workers are just as they sound—workers who have been pre-vetted using the company’s process and who are available as needed. Think of substitute teachers and other types of workers who might work when there is a call-out or other short-term gap in coverage.
Seasonal Workers
Many companies “staff up” using temporary workers during busy seasons, which vary based on industry. For retail, the end-of-year holidays are the busiest season, while in farming, the busy season might be summer.
Other Tips for Managing Your Temporary Employees
Below, you’ll find additional tips and consideration points for employing temporary workers.
Tip 1: Health Insurance Eligibility
For insurance purposes, the IRS defines full-time employment as 130 hours per month (30 hours per week) on average per month, which means that if you directly employ temporary workers (not via a staffing firm) on a full-time basis over an extended period, you must offer them insurance benefits. You should do a “look back” to see how many hours they’ve worked to determine if they should be offered insurance. You can learn more about full-time employees here.
Tip 2: The 1,000 Hour Rule
Employers who have retirement plans covered by ERISA (Employee Retirement Income Security Act) are required to allow direct temporary workers (not hired via staffing firm), including part-time workers, to participate in the company’s retirement plan after 1,000 hours worked in any 12-month period. You can learn more about the requirements here.
How to Hire a Temporary Employee
If you’re thinking of hiring a temporary worker (or several of them) the following steps will walk you through the process. While the ideas below follow the typical hiring process, there are a few things in particular that you’ll need to consider when hiring temporary employees.
Step 1: Decide What You Need
The first step to hiring a new temporary employee is assessing your company’s current needs. In the section “Examples of Temporary Employees,” this article went through three types of temporary employees: gap, on-call/per diem, and seasonal. Need to hire a gap employee to cover for an employee taking a medical leave of absence? Want extra help at the store during the holiday season? Trying to find an on-call physician to help out at the clinic? Whatever the situation, decide what type of temporary employee you want to hire so that you can make the job duties and requirements clear.
Step 2: Write a Job Description
Because you won’t have as much time to train temporary employees as you would permanent employees, it’s critical that you find people with the right skills and qualifications to do the job. Writing a comprehensive job description is the first step in identifying the right talent and catching their interest. The more detailed a job description is, the higher the chances that it attracts qualified applicants.As you write a job description for a temporary employee, here are a few things to include:
- Job title
- Job responsibilities
- Information about your business
- Required skills and experience
- How long the employment will last
Step 3: Find Candidates
Unless you’re using a staffing agency, the responsibility to find candidates falls on you. Below are some ideas for sourcing candidates.
- Post on a job board. Job boards like Indeed, ZipRecruiter, and LinkedIn are tried-and-true places to find candidates.
- Advertise on social media. With most people spending a significant amount of time on social media each day, it’s a great way to get your job in front of people.
- Ask for employee referrals. Your employees are your best source of talent! They each have their own network of friends, family members, and professional connections. Consider incentivizing employees to refer people they know to open roles—if you hire the referral, the employee gets a cash reward.
- Contact former temporary employees. If somebody worked for you before—and had a good experience—they might be interested in working for you again. Get in touch with former temporary employees to see if they’re willing to come back.
- Use an applicant tracking system (ATS). Applicant tracking systems often allow free posting to multiple job boards at once, which saves both time and money. They also provide tools to collect applications, automate communication, and store feedback on candidates. An ATS is a great way to stay organized and efficient during the hiring process.
Step 4: Screen and Interview Candidates
As you start to receive applications, you’ll sort out qualified candidates from unqualified ones using the information in their resume and cover letter. During this stage, you could also conduct brief phone interviews to better determine who you’re interested in learning more about. After narrowing down the list of candidates, conduct longer, in-person (or virtual) interviews to get more information about each person. While it’s important to get hiring right with temporary employees, avoid getting carried away and interviewing too many people. Interviewing candidates for temporary employment should not become a huge time investment.
Step 5: Make an Offer
Once you find the person you want to hire, it’s time to make them an offer! Write and send an offer letter that includes the details of the position, including the start and end dates. Also include compensation and the hours they’ll be expected to work. Once the candidate has signed the offer letter, you can move forward with onboarding.Remember to communicate with every candidate, even the ones who didn’t get the role. Sending rejection letters lets people move on with their job search more quickly, and it makes them more likely to apply to work for your company again in the future (and recommend that their friends apply).
Step 6: Comply With Legal Requirements
It’s important to make sure that you comply with legal requirements for temporary employees. While each state has its own requirements, the following list includes some standards to be aware of.
- Fair Labor Standards Act (FLSA). The Department of Labor provides additional guidance and information about how FLSA applies to temporary employees.
- Unemployment benefits. Generally, temporary workers don’t qualify for unemployment benefits. But because this varies, you should research the laws of your state.
- Non-disclosure agreement. Depending on what your business does, you might want to have temporary workers sign an NDA. This will prevent them from stealing your intellectual property.
- I-9 form. Verify if your new hire is eligible to work in the United States by having them fill out the I-9 form.
Topics
Tammi Burnett
Tammi has 8+ years of progressive HR experience in a variety of industries and settings, including nonprofit and higher education. She believes that doing HR well means being a true partner and collaborator with every part of an organization, and by saying "yes" to creative problem solving wherever and whenever possible (and legal). Her favorite work includes diversity, equity, inclusion, and belonging (DEIB); the how and why of hiring and retaining great people; helping to sustain an organizational culture of trust, empathy, and candor; and anything else that prompts employees to say they love where they work. In her free time, you can find her wandering outdoors, studying clinical herbalism, tinkering in the kitchen, dismantling the patriarchy and white supremacy, and hanging out with her cat, Emily Dickinson.
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Other Related Terms
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