Lisa Beth Levine - Page 28

                                       - 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