- 26 - her as a full-time, permanent, appointed, Federal employee as an industrial hygienist. Petitioner’s employment was subject to completion of a 1-year probationary period beginning November 11, 1999. Her service for purposes of career tenure and FERS/FSPS also began November 11, 1999. Petitioner’s service under the personal service contracts did not apply toward her annual leave accrual rate or retirement credit as a Federal employee. Petitioner was not paid for any unused accrued sick leave, and the leave was not carried over as a credit under her direct hire service. The relationship created under the personal service contracts was intended to be a temporary one entered into for a stated period. It appears that, in November 1999, the State Department, impressed with petitioner’s performance, decided to hire her as an employee. The length of petitioner’s employment is consistent with her status as an independent contractor. Cf. Lewis v. Commissioner, T.C. Memo. 1993-635 (7-year employment consistent with employee status). This factor favors petitioner. 8. Method of Payment Courts consider whether the worker was paid by time, indicative of an employee, or by the job, indicative of an independent contractor. Petitioner was paid on the basis of a 40-hour week. She worked 5 days per week, Monday through Friday, 8 hours per day from 8:30 a.m. to 5:15 p.m., with a 45-minutePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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