- 28 - 10. Employee Benefits Receipt of employee benefits is an important factor in determining whether an employer-employee relationship exists. Packard v. Commissioner, 63 T.C. at 632. a. Annual Leave Petitioner accrued 4 hours of annual leave and 4 hours of sick leave each pay period during the contract periods. Unused annual and sick leave from the first contract period was transferable to the second contract period. Petitioner was entitled to “excused absences” for blood donations, voting, inclement weather, and military leave. This factor supports respondent. b. Retirement Benefits Petitioner was not entitled to any retirement benefits. Moreover, when petitioner was appointed as a direct-hire employee, her service under the personal service contracts was not credited toward her retirement credit for direct hire service. This factor favors petitioner. c. Health Benefits Although petitioner was not entitled to participate in the State Department medical program or the Federal Employees Health Benefits Program, she was entitled to reimbursement of 50 percent of her actual annual health insurance costs. This factor slightly favors respondent.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011